Insurance Coverage Services
G Johnson Law PLLC has over twenty-five years of experience in analyzing and litigating insurance coverage disputes under various coverage forms including commercial and personal auto, garage liability, trucking, transportation network company, commercial general liability, homeowners, professional liability and directors and officers policies. Mr. Johnson has prevailed in over 85% of substantive motions and appeals to the Minnesota Court of Appeals, Minnesota Supreme Court, United States District Court and Eighth Circuit Court of Appeals. Reported decisions can be found on the “cases” page.
Mr. Johnson’s services include, among other things, initial coverage/claim evaluations, responding to coverage denials and reservation of rights, discovery (coverage) consultations, pursuit of declaratory judgment actions, breach of contract, bad faith and class action claims, expert witness coverage services, briefing and arguing substantive motions at the district court level, preparation of Miller-Shugart agreements and other complex release agreements and appeals in state and federal court.
Insurance Coverage Neutral Coverage Evaluations
Mr. Johnson has also been retained to provide neutral coverage evaluations. This is a form of non-binding, alternate dispute resolution where disputing parties agree to submit their coverage positions to a subject expert in writing to evaluate whether coverage exists for a given situation. The evaluator is, typically, a disinterested party with a high level of expertise in the form of coverage under dispute. A neutral coverage evaluation can be of great benefit where the outcome of the case hinges on insurance coverage (e.g., the damages are fixed, the damages exceed the policy limits, an insured has entered into a Miller-Shugart type settlement, the parties otherwise have a good sense of the damages, etc.). The evaluation can be presented in any number of forms, depending only on the creativity of the parties. Mr. Johnson may, for example, be retained to: (1) provide both parties a written assessment of the coverage issues similar to a trial court or appellate decision, (2) provide to each party a confidential written assessment of the likelihood that the party will prevail on the coverage issues; or (3) conduct a conference where the assessment is discussed orally with each party or both parties. Depending on the complexity of the case, the evaluation can often be provided on a flat-fee basis so the parties know exactly how much the process will cost.
Auto Dealership Legal and Compliance Services
G Johnson Law PLLC is unique in that it provides services to automobile dealerships that protect a dealership’s front-end sales and F&I compliance responsibilities as well as its back-end litigation and insurance coverage risks.
G Johnson Law protects a dealership’s front-end through the development of dealership-specific written policies and procedures and risk management manuals, sales and F&I regulatory training and sales and F&I auditing services.
It protects a dealership’s back-end by evaluating, consulting and/or defending dealerships against large exposure claims and suits brought by consumers, regulatory bodies and financial institutions and by analyzing the dealership’s garage liability coverage to ensure coverage for those claims and suits, responding to insurer coverage declinations and insurer reservation of rights notices and commencing declaratory judgment actions against insurers who fail to honor their contractual responsibilities to the dealership.
These services are provided by attorneys with over twenty years of experience in automobile dealership sales and F&I operations, statutory and regulatory compliance, the defense of complex and class action consumer litigation, dealership insurance coverage disputes and declaratory judgment actions and appeals.
Dealership Sales and F&I Auditing (on-line and on-site): We help dealerships reduce their risk of non-compliance and related litigation by reviewing and assessing all of their current sales and F&I transaction forms and processes to make sure they comply with the minimum requirements mandated by federal and state statutes, regulations and case law and make suggestions on how the forms and processes can be revised to further reduce the risk of litigation.
Dealership Policies & Procedures: We help dealerships assess their Sales and F&I compliance risks and help them design and implement written policies and procedures to improve their control over all aspects of their sales and finance operations, incorporate the minimum requirements mandated by federal and state statutes, regulations and case law and develop best practices that can be used throughout a large auto dealership group.
Dealership Insurance Disputes: If a dealership is sued or is the subject of a claim or regulatory proceeding, we analyze the dealership’s garage liability policy and relevant endorsements to maximize the coverage available to the dealership for those suits or claims. We respond to insurer coverage declinations and reservation of rights notices and commence declaratory judgment actions against insurers who fail to honor their contractual obligations.
Dealership Consumer Litigation: We protect dealerships by evaluating their liability exposure in suits and claims asserted against the dealership in relation to their available liability insurance coverage. We either defend the dealership in the litigation or serve as personal counsel to the dealership to make sure that the insurer and insurer-assigned defense counsel make the correct legal and procedural arguments on behalf of the dealership and do not do anything to prejudice the dealership’s coverage rights under the dealership’s policy.
Dealership Sales and F&I Training (on-line and on-site): We offer Sales & FI Compliance training to dealerships on the myriad of federal and state statutes, regulations and case law that impact the dealership’s sales and finance operations. We work with the dealership’s existing F&I trainers and after-market product providers to make sure revenues are maintained. Dealership employees can receive training on hundreds of sales and F&I topics involving the following federal and state statutes, regulations and related case law:
1. Federal Trade Commission Advertising Rules
2. State Advertising Laws & Regulations
3. CAN SPAM Act & FTC E-Mail Rules
4. CAN SPAM Act & FCC Texting (Internet Domain)Rules
5. Telephone Consumer Protection Act & FCC Regulations
6. Federal Trade Commission Texting (Phone) Rules
7. Federal Trade Commission Autodialer Rule
8. Federal Trade Commission Do Not Call Rule
9. Telemarketing and Consumer Fraud and Abuse Prevention Act
10. Federal Trade Commission Telemarketing Sales Rule
11. Deceptive Mail Prevention and Enforcement Act
12. Junk Fax Prevention Act & FCC Regulations
13. Gramm-Leach-Bliley Act (GLBA) & Regulations
14. Federal Trade Commission Privacy (Notice) Rules
15. Federal Trade Commission Privacy (Information Sharing) Rules
16. Federal Trade Commission Information Safeguards Rule
17. Federal Trade Commission Pretexting Provisions
18. FACTA Red Flags Rule (Identity Theft Prevention Program)
19. FACTA Information Disposal Rule
20. Federal Trade Commission Section 5 UDAP Prohibitions
21. Computer Fraud and Abuse Act (CFAA)
22. Electronic Communications Privacy Act (ECPA
23. Driver’s Privacy Protection Act (DPPA)
24. Truth & Lending Act & Regulation Z
25. Consumer Leasing Act & Regulation M
26. State Retail Installment Sales Acts-Disclosure
27. State Retail Installment Sales Acts-Usury
28. Equal Credit Opportunity Act-Discrimination
29. Equal Credit Opportunity Act-Adverse Action
30. Fair Credit Reporting Act-General Provisions
31. Fair Credit Reporting Act-Adverse Action
32. Federal Trade Commission Credit Practices Rules
33. Federal Trade Commission Risk-Based Pricing Rule
34. State Insurance Statutes & Regulations
35. State Service Contract Statutes & Regulations
36. Electronic Funds Transfer Act & Regulation E
37. IRS Form 8300 Cash Reporting Rule
38. USA PATRIOT Act and OFAC Requirements
39. Servicemembers Civil Relief Act
40. Fair Debt Collection Practices Act
41. Uniform Commercial Code (Repossession)
42. State Consumer Fraud Prevention Acts
43. State Unfair & Deceptive Trade Practices Acts
44. Federal Network Security and Data Privacy Laws
45. State Network Security and Data Privacy Laws
46. Federal and State Odometer Acts
47. State Title Branding Laws
48. Federal Trade Commission Used-Car Rule
49. Magnuson-Moss Warranty Act
50. State New Vehicle Lemon Laws
51. State Dealership Licensing Laws & Regulations
Insurance Coverage & Appeals Testimonials
My client was involved in an out-of-state accident with a commercial truck while operating a commercial truck. My client’s personal insurer denied no-fault benefits based on various business use policy exclusions. We associated with Greg to investigate coverage and pursue the no-fault claim. Greg spelled out the coverage law and convinced the no-fault insurer that its policy exclusions were contrary to law and void. We were then able to recover over $17,500 of medical and income loss benefits for our client. As a personal injury practitioner, I would recommend Greg to any practitioner who is in need of insurance coverage-related assistance. Stephen Heller, Heller & Thyen, P.A., St. Cloud, MN (June 15 , 2018)
I first met Greg Johnson shortly after a very disappointing loss at the Minnesota Court of Appeals in a case involving our client’s entitlement to medical expense benefits under the Minnesota No-Fault Automobile Insurance Act. We had prevailed at the district court level and I was feeling very confident following oral arguments. When the Court of Appeals ruled against our client based on a decision it had issued back in 1985, I was disappointed and very concerned that we would not be able to overcome this setback. Greg came into the picture and associated as co-counsel. He first drafted a petition for further review and was able to convince the Minnesota Supreme Court to accept the case for hearing, which happens in less than 5% of cases. Greg was also able to enlist other organizations to file amicus briefs in support of our client’s position. He then drafted our initial brief and subsequently our reply brief. Finally, Greg successfully argued the case before Supreme Court leading to the reversal of the Court of Appeals’ ruling and reinstatement of the District Court judgment on our client’s behalf. As a result, our client received over $22,000 in medical expense benefits. Greg regularly conferred with me throughout our time working together. I found Greg to be knowledgeable, flexible, willing to accept suggestions, and extremely competent. I would strongly recommend Greg to any practitioner facing an insurance coverage related matter or appeal. Patrick R. Gillespie, Gillespie Law Offices LLP, Rogers, MN (February 2, 2017)
I contacted Greg shortly after the trial court issued a summary judgment ruling against my client in an automobile insurance coverage case –a dual residency case involving the 16 year old minor child of divorced parents. The minor was driving his mother’s car with her permission when he and struck and killed our client’s husband, who was driving a motorcycle. The mother’s auto insurer paid its liability limits, but the father’s insurer denied coverage. The father testified that the minor child did not reside with him. Additionally, about a month before the accident, the father contacted his insurance agent and told the agent that he did not want his insurance policy to provide coverage to his minor son. After the trial court’s adverse order, the insurer offered $0 to settle the case and taxed costs against my client. Greg wrote the appellate briefs and argued the case to the Court of Appeals, which reversed the trial court. After the Supreme Court denied further review and the case was remanded to the trial court, we developed an overall litigation strategy and brought several successful motions to refine the coverage issues and motions in limine to exclude evidence. Among other things, the trial court excluded the father’s testimony that he did not want, intend or expect his auto policy to provide coverage to the minor child. After we prepared the case for trial and were ready to pick the jury, the insurer agreed to pay $95,000 of its $100,000 liability limits to settle the case. My client was very pleased with the outcome. I’ve known Greg for over twenty years and would strongly recommend Greg to any practitioner who is in need of insurance coverage, motion or appellate assistance. He knows more about insurance coverage, and motor vehicle insurance in particular, than anyone in Minnesota. Lance Redlinger, Redlinger Law Firm, PA., St. Paul, MN (May 3, 2017)
This blog is for informational purposes only. By reading it, no attorney-client relationship is formed. The law is constantly changing and if you want legal advice, please consult an attorney. Gregory J. Johnson ©All rights reserved. 2016.
AUTO DEALER + COVERAGE BUZZ 