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- Leasing, Rentals and Vicarious Liability: An Overview of the Graves Amendment
- Loss of Use: Is the At-Fault Driver's Insurer Required to Provide a "Comparable" Rental Vehicle?
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- Yikes!! Self-Insured Enterprise Rent-A-Car Required to pay $600,000 on behalf of Renter even though Insurer’s Maximum Liability would have been $50,000.
- Minnesota Car Rental: Handling BI/PD, UM/UIM & Rental Vehicle Damage Claims
- Minnesota No-Fault Coverage: “Stacking” the Weekly Rate-of-Pay-Limit
- The Auto Dealer Liability Policy: Analyzing Coverage for Statutory Acts, Errors or Omissions Claims (TILA, CLA, FCRA, ECOA, FTC, GLB, CFA & UDTPA)
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Category Archives: Duty to Defend
The Liability Insurer’s “Hidden” Duty to Defend– the Obligation to Pay for its Insured’s Affirmative Claims.
By Greg Johnson. The typical liability insurance policy requires the insurer to “defend” the insured (i.e., dealership) if it is sued by a third-party on a claim covered by the policy. Often, the “defense” feature of a liability policy is … Continue reading
Posted in ADCF Policy, Auto Dealer, CGL, Coverage, Duty to Defend
Tagged Gregory J. Johnson
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Protecting the Dealership’s “Front-End” and “Back-End”: What Does that Mean?
By Greg Johnson. Everyone in the retail automobile industry is familiar with the terms “front-end” and “back-end.” They represent two sources of potential revenue (and, hopefully, profit) for auto dealerships: The “front-end” refers to revenue realized on the sale of … Continue reading
Posted in ADCF Policy, Auto Dealer, Coverage, Duty to Defend, Duty to Indemnify, Truth in Lending Coverage
Tagged Acts Errors and Omissions Coverage, Auto Dealers Coverage, Auto Dealers Operations, Auto Dealerships, Consumer Protection Statutes, Duty to Defend, Regulatory Compliance, Truth in Lending
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Should an Auto Dealer Insurer Defend an Auto Dealer Against “Intentional” Violations of Credit Sale and Leasing Disclosure Laws?
Introduction By Greg Johnson. Having worked in the consumer finance and insurance coverage arenas for over twenty years, I have frequently been asked whether an auto dealer’s “intentional” or “wilful” violation of a statutory disclosure law, such as the federal … Continue reading
Liability Insurance: The Risks of Denying a Duty to Defend
By Greg Johnson. Deciding whether to defend the insured in a third-party lawsuit (which generally involves a comparison between the allegations of the complaint and the policy), can be simple, complex or somewhere in between. Regardless, insurers should always factor in the potential risks … Continue reading
Subcontractor Liable for General Contractor’s Pre-Notice Defense Fees
Many states recognize that a liability insurer is not obligated to pay for the defense of a claim until it is notified of the suit. See, e.g., Home Ins. Co. v. National Union Fire Ins. of Pittsburgh, 658 N.W.2d 522, … Continue reading
Minnesota Coverage Law: Criminal Acts Exclusion
In Progressive Northern Ins. Co. v. McDonough, ___ F3rd____ (8th Cir. 2010) (applying Minnesota law), the Eighth Circuit Court of Appeals recently interpreted a criminal acts exclusion in an auto policy to bar coverage. After a night of drinking, Morelli … Continue reading
No CGL Coverage Where General Contractor Leaves in the Middle of Project
In Builders Mutual v. R Design, 2010 WL 2079741 (D.S.C.), a federal district court in South Carolina found no coverage exists under a CGL policy, despite “resulting damage,” when the general contractor performed faulty work and left in the middle of the … Continue reading
Insurer Obligated to Defend if “Potential” of Coverage Exists
By: Gregory J. Johnson, Esq In most commercial general liability (“CGL”) policies, the liability insurer will have the “right” or “discretion” to investigate and settle claims prior to litigation and the “duty” to defend when a suit is commenced seeking … Continue reading
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