Tag Archives: Auto Insurance

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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MN AUTO COVERAGE: NON-EXISTENT POLICY EXCLUSIONS, CONFORMITY CLAUSES & THE NO-FAULT ACT


By Greg Johnson, Esq. Every once in a while, a Minnesota motor vehicle insurer will claim that its policy incorporates an exclusion or limitation authorized by the No-Fault Act, but not found in the policy, to defeat coverage for a … 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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The Problem with Renting Fast Cars: A Special Report of the Auto Rental News


I was recently interviewed in connection with a most interesting article by Chris Brown of the Auto Rental News: “Enter the world of brokering, where fleet funding, commercial insurance and even car ownership are not necessities. As the name suggests, … 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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Uber, Lyft and TNC’s win (Again) in California: New Insurance Requirements Approved


In late August, the California Assembly voted 70-0 to pass AB2293, an Act specifying insurance requirements for transportation network companies (TNC) like Uber, Lyft and Sidecar.  I recently posted an article about the TNC’s victory in Minneapolis (“Uber, Lyft and … 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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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

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