Tag Archives: Insurance Law

MINNESOTA NO-FAULT ACT: WHEN IS AN INJURED CLAIMANT “OCCUPYING” A VEHICLE – “IN,” “ON,” “ENTERING INTO” AND “ALIGHTING FROM”

Posted on October 8, 2017 by Gregory Johnson

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

Posted on September 26, 2017 by Gregory Johnson

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: Minnesota No-Fault Act Does not Apply to Out-of-State Insurers?

Posted on March 21, 2016 by Gregory Johnson

By Greg Johnson, Esq. In Founders Insurance Company v. Yates, A15-1174 (Minn. Ct. App. Feb. 29, 2016), the Minnesota Court of Appeals recently held that an auto insurer that is not licensed to write motor vehicle insurance in Minnesota (“out-of-state … Continue reading →

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Auto Coverage: Are Household (Family Member) Step-Down Exclusions Void Under Minnesota Law?

Posted on February 29, 2016 by Gregory Johnson

By Greg Johnson. A 2014 decision of the South Carolina Supreme Court decision invalidating a household (a/k/a “family” or “intra-family”) “step-down” (a/k/a “drop-down”) to a personal auto policy caused me to dust off my research from over a decade ago … Continue reading →

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Auto Coverage: “Absolute” & “Frozen” Liability under the Minnesota No-Fault Act

Posted on February 24, 2016 by Gregory Johnson

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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Auto Rental News Special Report: The Problem with Renting Fast Cars

Posted on December 29, 2015 by Gregory Johnson

I was a featured commentator in this report, the second highest viewed article of Auto Rental News in 2015: Traditional rental companies and leasing companies are protected by laws that eliminate vicarious liability (such as the federal Graves Amendment) or … Continue reading →

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Minnesota Bad Faith in First-Party Benefits: Recap of Bad Faith Litigation

Posted on September 26, 2014 by Gregory Johnson

By Greg Johnson. In 2008, the Minnesota Legislature passed a statute, Minn. Stat. § 604.18, that limits liability for “bad-faith” denial of first-party insurance policy benefits.  This article summarizes the reported case law, all from the Minnesota Court of Appeals and all opinions unpublished. … Continue reading →

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Insured’s Investigation and Overhead Expenses Not Covered by Policy

Posted on November 9, 2010 by Gregory Johnson

Every once in awhile a policyholder asks whether the costs it incurred in addressing a third-party property damage claim, such as inspection costs, personnel costs, overhead costs and attorneys’ fees are covered by its Commercial General Liability (“CGL”) policy.  Unless the costs qualify … Continue reading →

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Auto Claims & Self Insured Retentions (“SIR”): Does the SIR Constitute “Insurance” ?

Posted on November 5, 2010 by Gregory Johnson

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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Commercial Auto: Owner of Semi-Trailer not Vicariously Liable for Negligent Operation of Semi-Truck.

Posted on November 1, 2010 by Gregory Johnson

What definition of “motor vehicle” applies when determining whether the Minnesota motor vehicle vicarious liability law applies?   The Minnesota Court of Appeals addressed the issue in late 2009. By 2005, only eleven states imposed vicarious liability on the owner of … Continue reading →

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