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- MN AUTO COVERAGE: NON-EXISTENT POLICY EXCLUSIONS, CONFORMITY CLAUSES & THE NO-FAULT ACT
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This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not reflect those of the author’s law firm or the author’s past and present clients. By reading it, no attorney-client relationship is formed. The law is constantly changing and is different in each jurisdiction. If you want legal advice, please consult an attorney. The opinions expressed here belong only to the individual contributor(s). Gregory J. Johnson © All rights reserved 2015.Top Posts & Pages
- Loss of Use: Is the At-Fault Driver's Insurer Required to Provide a "Comparable" Rental Vehicle?
- Minnesota First-Party Coverages: Recovering Consequential Damages in Addition to the Policy Benefits when the Insurer Declines or Unreasonably Delays Payment.
- CGL Coverage: Latent Defects and Continuous, Progressive or Recurring Damages (Allocation of Liability)
- Dealership Arranged Leases: Is the Lessor Liable for the Lessee’s Negligent Operation of the Vehicle?
- Leasing, Rentals and Vicarious Liability: An Overview of the Graves Amendment
- Protecting the Dealership's "Front-End" and "Back-End": What Does that Mean?
- MN AUTO COVERAGE: NON-EXISTENT POLICY EXCLUSIONS, CONFORMITY CLAUSES & THE NO-FAULT ACT
- The Graves Amendment: Is an Auto Dealer Vicariously Liable for a Customer’s Negligent Operation of a Loaner Vehicle?
- Rental Car Coverage: Diminution in Value, Loss of Use & Loss Damage Waiver (LDW) -- the Basics
- The Liability Insurer’s “Hidden” Duty to Defend-- the Obligation to Pay for its Insured’s Affirmative Claims.
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Category Archives: PAP
The Graves Amendment: Does it Shield Membership-Based Car Sharing Services from Vicarious Liability?
By Greg Johnson. Does the Graves Amendment apply to membership-based car-sharing companies like Zipcar? In a previous post, I provided an overview of the Transportation Equity Act of 2005 (49 USC § 30106) (a/k/a “Graves Amendment”), a federal law which … Continue reading
Posted in BAP, PAP, Rentals
Tagged Car Sharing Services, Graves Amendment, Rental Car Liability, Vicarious liability, Zipcar
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The Graves Amendment: Is an Auto Dealer Vicariously Liable for a Customer’s Negligent Operation of a Loaner Vehicle?
By Greg Johnson. Does the Graves Amendment apply to auto dealerships who provide loaner vehicles to their customers? In a previous post, I provided an overview of the Transportation Equity Act of 2005 (49 USC § 30106) (a/k/a “Graves Amendment”), … Continue reading
Posted in ADCF Policy, Auto Dealer, BAP, Coverage, Duty to Indemnify, PAP, Rentals
Tagged Graves Amendment, Motor vehicle, Vicarious liability
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Odd Federal Graves Amendment Case: to Avoid Vicarious Liability Owner of Vehicle Must Prove its Affiliate was also Free of Negligence.
By Greg Johnson. In Stratton v. Wallace, 11-CV-74-A HKS, 2014 WL 3809479 (W.D.N.Y. Aug. 1, 2014), the court came to an odd result under the Graves Amendment (Transportation Equity Act of 2005 (49 USC § 30106)), a statute intended to … Continue reading
Leasing, Rentals and Vicarious Liability: An Overview of the Graves Amendment
By Greg Johnson. Over the past twenty five years, I’ve represented many companies engaged in the business of leasing or renting vehicles. In the 1990’s, prior to the passage of the Transportation Equity Act (49 USC § 30106) (a/k/a “Graves … Continue reading
Posted in ADCF Policy, Auto Dealer, BAP, Coverage, PAP, Rentals
Tagged Graves Amendment, Motor vehicle, Vicarious liability
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Auto Claims & Self Insured Retentions (“SIR”): Does the SIR Constitute “Insurance” ?
By Greg Johnson. The determination of whether a self-insured retention (SIR) constitutes “insurance” within the meaning of an “other insurance” clause of another policy generally depends on the particular circumstances presented. See, e.g., Champlain Cas. Co. v. Agency Rent-A-Car, Inc., … Continue reading
Posted in ADCF Policy, BAP, CGL, Coverage, PAP
Tagged Auto Insurance, Gregory J. Johnson, Insurance Law, Rental Car, Self Insured Retention, Vehicle insurance
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Commercial & Personal Auto: Vicarious Liability not Limited to Negligent Operation of Vehicle
By Greg Johnson. Every once in a while, while putting together a blog post on a particular issue, I run across a case that doesn’t fit into the post I am putting together, but is nonetheless interesting. Here’s an oldie, … Continue reading
Posted in BAP, Coverage, PAP
Tagged Gregory J. Johnson, Insurance Law, Vicarious liability
1 Comment
Commercial & Personal Auto: Permissive Use, Omnibus Coverage & Split Liability Limits
I often receive questions regarding the “rules” which apply to accidents involving rental vehicles, loaner vehicles, leased vehicles, demos, spot-delivered vehicles, etc. I thought I’d take some time to update some of my seminar materials and provide an update. … Continue reading
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