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Recent Posts
- MINNESOTA NO-FAULT ACT: WHEN IS AN INJURED CLAIMANT “OCCUPYING” A VEHICLE – “IN,” “ON,” “ENTERING INTO” AND “ALIGHTING FROM”
- MN AUTO COVERAGE: NON-EXISTENT POLICY EXCLUSIONS, CONFORMITY CLAUSES & THE NO-FAULT ACT
- Minnesota No-Fault Coverage: “Stacking” the Weekly Rate-of-Pay-Limit
- G Johnson Law: Neutral Insurance Coverage Evaluations
- Minnesota Auto Coverage: Supreme Court holds that Non-Licensed Insurers Must Pay Minnesota Benefits Too
Disclaimer
This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not reflect those of the author’s law firm or the author’s past and present clients. By reading it, no attorney-client relationship is formed. The law is constantly changing and is different in each jurisdiction. If you want legal advice, please consult an attorney. The opinions expressed here belong only to the individual contributor(s). Gregory J. Johnson © All rights reserved 2015.Top Posts & Pages
- Loss of Use: Is the At-Fault Driver's Insurer Required to Provide a "Comparable" Rental Vehicle?
- Minnesota First-Party Coverages: Recovering Consequential Damages in Addition to the Policy Benefits when the Insurer Declines or Unreasonably Delays Payment.
- CGL Coverage: Latent Defects and Continuous, Progressive or Recurring Damages (Allocation of Liability)
- Dealership Arranged Leases: Is the Lessor Liable for the Lessee’s Negligent Operation of the Vehicle?
- Protecting the Dealership's "Front-End" and "Back-End": What Does that Mean?
- MN AUTO COVERAGE: NON-EXISTENT POLICY EXCLUSIONS, CONFORMITY CLAUSES & THE NO-FAULT ACT
- Leasing, Rentals and Vicarious Liability: An Overview of the Graves Amendment
- The Graves Amendment: Is an Auto Dealer Vicariously Liable for a Customer’s Negligent Operation of a Loaner Vehicle?
- The Liability Insurer’s “Hidden” Duty to Defend-- the Obligation to Pay for its Insured’s Affirmative Claims.
- Minnesota Contractual Risk Transfer Materials (1/2009)
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Tag Archives: Gregory J. Johnson
Minnesota CGL: Clean Up Costs Arising From Construction Operations Barred
In Engineering & Construction Innovations Inc. v. Western National Mutual Insurance Co., an unpublished decision of the Minnesota Court of Appeals released on August 18, 2010, the court held that clean up costs arising out of the insured’s operations at the … Continue reading
(Part III) 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 III) addresses the “strict construction” test used to interpret indemnification agreements. Part IV will address the specific requirements of “insured … Continue reading
(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
Posted in CGL, Coverage
Tagged Additional Insured Coverage, Allocation, CGL Coverage, Commercial Liability Coverage, Construction Defect, Contractual Risk Transfer, Gregory J. Johnson, Holmes v. Watson Forsberg, Indemnity Clauses, Insurance Law, Insured Contract, Strict Construction, Wooddale
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Minnesota Coverage Law: Criminal Acts Exclusion
In Progressive Northern Ins. Co. v. McDonough, ___ F3rd____ (8th Cir. 2010) (applying Minnesota law), the Eighth Circuit Court of Appeals recently interpreted a criminal acts exclusion in an auto policy to bar coverage. After a night of drinking, Morelli … 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
Negotiated Medical Payments are Collateral Sources says Minnesota Supreme Court
In Swanson v. Brewster, Ct. File AO8-8O6, a decision of the Minnesota Supreme Court released on June 29, 2010, the court held that negotiated-discount amounts—amounts a plaintiff is billed by a medical provider but does not pay because the plaintiff’s … Continue reading
Posted in BAP, CGL, Coverage
Tagged CGL Coverage, Commercial Liability Coverage, Gregory J. Johnson, Insurance Law
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Lost Policies: Burdens of Proof
What happens when you cannot find an old liability insurance policy? Here’s a few ground rules. It is well established that the burden of demonstrating liability coverage rests upon the insured. See, e.g., Domtar, Inc. v. Niagara Fire Ins. Co., … Continue reading
Posted in BAP, CGL, Coverage
Tagged CGL Coverage, Commercial Liability Coverage, Gregory J. Johnson, Insurance Law, Lost Policies
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Pro-Rata Time on the Risk: An Insured’s Contribution Obligation
Wooddale Builders, Inc. v. Maryland Cas. Co., 722 N.W.2d 283 (Minn. 2006) is the leading construction defect case in Minnesota. The case involved several insurers (I represented West Bend) and over eighty separate water intrusion claims. In that case, the court recognized, … Continue reading
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