Tag Archives: Contractual Risk Transfer

Speaking at Automotive Dealer Subprime Sales Success Workshop on April 7-8th in Atlanta, Georgia.


I will be a speaker at the Automotive Dealer Subprime Sales Success workshop on April 7-8th in Atlanta, Georgia. I will be speaking on two related topics.  First, about F&I compliance and class action litigation issues (spot delivery, acquisition fees, … Continue reading

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(Part VI) Minnesota CGL: Getting a Handle on Large Construction Defect Claims


This post is a continuation of the series “Minnesota CGL: Getting a Handle on Large Construction Defect Claims.” This post (Part VI) is the first of several posts which address additional insured (AI) coverage for a general contractor under the … Continue reading

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(Introduction) Getting a Handle on Large Construction Defect Claims


Having studied, worked with and litigated coverage issues under the commercial general liability (CGL) policy for twenty years, large construction defect claims, particularly those involving commercial and multi-unit residential buildings, pose some of the most complex claims encountered by those … Continue reading

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(Part V) Minnesota CGL: Getting a Handle on Large Construction Defect Claims


This post is a continuation of the series “Minnesota CGL: Getting a Handle on Large Construction Defect Claims.” This post (Part V) addresses the obligation of a subcontractor and its commercial general liability (CGL) insurer with regard to the defense … Continue reading

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(Part IV): Minnesota CGL: Getting a Handle on Large Construction Defect Claims


This post (Part IV) is a continuation of my multiple part series “Minnesota CGL: Getting a Handle on Large Construction Defect Claims.” (You may want to read the prior posts in this series to catch up).   This post addresses the specific requirements … Continue reading

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(Part II) Minnesota CGL: Getting a Handle on Large Construction Defect Claims


This post is a continuation of the series “Minnesota CGL: Getting a Handle on Large Construction Defect Claims.” This post, as well as the next three, will focus on the subcontractor’s liability to a general contractor pursuant to an indemnity … Continue reading

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(Part I) Minnesota CGL: Getting a Handle on Large Construction Defect Claims


Large construction defect claims, particularly those involving commercial and multi-unit residential buildings, present some of the most complex claims encountered by those practicing insurance coverage law. The vast majority of CGL claims involve one insured seeking the protection of the … Continue reading

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Minnesota Adopts “Equitable Contribution” to Apportion Defense Fees


Last week, the Minnesota Supreme Court overruled, finally, the archaic “Iowa National” rule.  Iowa National prohibited a defending liability insurer from seeking contribution or reimbursement of attorney’s fees and costs from other liability insurers who refused to defend.   In Iowa National Mutual Insurance Co. v. Universal … Continue reading

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Can a Self-Insured Retention (“SIR”) Constitute “Insurance”?


Can a self-insured retention (“SIR”) or large deductible under one policy constitute “insurance” within the meaning of another insurer’s “other insurance” clause? This situation typically arises in cases where the mutual insured (1) is a named insured under a liability … Continue reading

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Minnesota Contractual Risk Transfer Materials (1/2009)


A contract is an agreement in which each party promises to do something for the other party.  Usually, one party agrees to provide goods or services while the other party agrees to pay for those goods or services.  Unfortunately, during … Continue reading

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