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

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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

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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

Posted in ADCF Policy, Auto Dealer, Bad Faith, Consumer Leasing Act, Directors & Officer's Liability, Duty to Defend, Duty to Indemnify, Errors & Omissions, Expected Injury Exclusion, Fraud Exclusions, Intentional Injury Exclusion, Professional Liability, Truth in Lending Coverage | Leave a comment

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

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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

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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

Posted in Auto Dealer, BAP, CGL, Coverage, Duty to Defend, Duty to Indemnify | Tagged , , , , | Leave a comment

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

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