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Tag Archives: Duty to Defend
Protecting the Dealership’s “Front-End” and “Back-End”: What Does that Mean?
By Greg Johnson. Everyone in the retail automobile industry is familiar with the terms “front-end” and “back-end.” They represent two sources of potential revenue (and, hopefully, profit) for auto dealerships: The “front-end” refers to revenue realized on the sale of … Continue reading
Posted in ADCF Policy, Auto Dealer, Coverage, Duty to Defend, Duty to Indemnify, Truth in Lending Coverage
Tagged Acts Errors and Omissions Coverage, Auto Dealers Coverage, Auto Dealers Operations, Auto Dealerships, Consumer Protection Statutes, Duty to Defend, Regulatory Compliance, Truth in Lending
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Liability Insurance: The Risks of Denying a Duty to Defend
By Greg Johnson. Deciding whether to defend the insured in a third-party lawsuit (which generally involves a comparison between the allegations of the complaint and the policy), can be simple, complex or somewhere in between. Regardless, insurers should always factor in the potential risks … Continue reading
Subcontractor Liable for General Contractor’s Pre-Notice Defense Fees
Many states recognize that a liability insurer is not obligated to pay for the defense of a claim until it is notified of the suit. See, e.g., Home Ins. Co. v. National Union Fire Ins. of Pittsburgh, 658 N.W.2d 522, … Continue reading
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
Insurer Obligated to Defend if “Potential” of Coverage Exists
By: Gregory J. Johnson, Esq In most commercial general liability (“CGL”) policies, the liability insurer will have the “right” or “discretion” to investigate and settle claims prior to litigation and the “duty” to defend when a suit is commenced seeking … Continue reading