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 , , , , , , , | Leave a comment

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

Posted in ADCF Policy, Bad Faith, Coverage, Duty to Defend, Duty to Indemnify | Tagged , , , , , , , , , , , | Leave a comment

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

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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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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

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