Category Archives: PAP

MINNESOTA NO-FAULT ACT: WHEN IS AN INJURED CLAIMANT “OCCUPYING” A VEHICLE – “IN,” “ON,” “ENTERING INTO” AND “ALIGHTING FROM”


By Greg Johnson, Esq. Whether a person is “occupying” (or is an “occupant” of) a motor vehicle is often a significant issue in motor vehicle insurance coverage litigation. Under the Minnesota No-Fault Automobile Insurance Act, the determination of whether an … Continue reading

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Auto Coverage: Minnesota No-Fault Act Does not Apply to Out-of-State Insurers?


By Greg Johnson, Esq. In Founders Insurance Company v. Yates, A15-1174 (Minn. Ct. App. Feb. 29, 2016), the Minnesota Court of Appeals recently held that an auto insurer that is not licensed to write motor vehicle insurance in Minnesota (“out-of-state … Continue reading

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Auto Coverage: Are Household (Family Member) Step-Down Exclusions Void Under Minnesota Law?


By Greg Johnson. A 2014 decision of the South Carolina Supreme Court decision invalidating a household (a/k/a “family” or “intra-family”) “step-down” (a/k/a “drop-down”) to a personal auto policy caused me to dust off my research from over a decade ago … Continue reading

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Auto Coverage: “Absolute” & “Frozen” Liability under the Minnesota No-Fault Act


By Greg Johnson. A parent completes a personal auto application for automobile insurance and does not disclose that there are any other licensed drivers in the household that will operate the insured vehicle. Later, after the policy is issued, a … Continue reading

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Loss of Use: Is the At-Fault Driver’s Insurer Required to Provide a “Comparable” Rental Vehicle?


So my car got rear-ended while legally parked next to the curb in front of my house by a car traveling around 35-40 miles per hour. Fortunately, the teen-aged driver of the other car (depicted in the photograph) was insured … Continue reading

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Rental Car Coverage: Diminution in Value, Loss of Use & Loss Damage Waiver (LDW) — the Basics


By Greg Johnson. This is the first in a series of articles addressing claims for damage to, and loss of, rented vehicles. It provides an overview of the types of damages a rental car company may sustain (and, thus, may … Continue reading

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The Future (My Guesstimate) Hybrid “Uber-Lyft” Auto Insurance Policy


By Greg Johnson. I’ve recently posted a few articles about transportation network companies (TNCs) and the inroads they are making into the traditional taxi-cab business across the country. (See article one and two).  Tech savvy companies such as Uber, Lyft … Continue reading

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Uber, Lyft and other Transportation Network Companies Hitting the Streets in Minneapolis (and further Eroding the Traditional Taxicab Business Model)


A major battle is taking place across the country involving who can — and who cannot – legally give customers a “taxicab” ride. The dispute pits traditional taxicab companies and new, tech savvy companies such as Uber and Lyft that … Continue reading

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Oops!! Self-Insured Owner of Rental Vehicle that had no Obligation to Afford Omnibus Coverage to Permissive Users not entitled to recover $260,000 Settlement Payment.


By Greg Johnson. In an unusual twist, a rental car company insisted it was obligated to pay damages to a third party who was injured by the permissive operator of its rental vehicle and the renter maintained it was not. … Continue reading

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The Graves Amendment: Does it Shield a Taxi-Cab Company from Vicarious Liability?


By Greg Johnson. Does the federal Graves Amendment apply to insulate taxi-cabs from vicarious liability for the negligence of their drivers? The issue is obviously important in the twelve jurisdictions which by statute impose vicarious liability on the owner of … Continue reading

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