Tag Archives: Insurance Law

Insured’s Investigation and Overhead Expenses Not Covered by Policy


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

Posted in CGL, Coverage, Duty to Indemnify | Tagged , , , , , , , , | 3 Comments

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


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.


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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Commercial & Personal Auto: Vicarious Liability not Limited to Negligent Operation of Vehicle


By Greg Johnson. Every once in a while, while putting together a blog post on a particular issue, I run across a case that doesn’t fit into the post I am putting together, but is nonetheless interesting. Here’s an oldie, … Continue reading

Posted in BAP, Coverage, PAP | Tagged , , | 1 Comment

Commercial & Personal Auto: Permissive Use, Omnibus Coverage & Split Liability Limits


I often receive questions regarding the “rules” which apply to accidents involving rental vehicles, loaner vehicles, leased vehicles, demos, spot-delivered vehicles, etc.  I thought I’d take some time to update some of my seminar materials and provide an update.   … Continue reading

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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

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

Reducing Defense Costs: “High-Low Coverage Agreements”


I was dusting off some old seminar materials and ran across an article I had written back in 1995 regarding the use of high-low coverage agreements.  In light of the economy and insurer’s efforts to save costs, the article is perhaps even … Continue reading

Posted in Auto Dealer, BAP, CGL, Coverage | Tagged , , , , | 1 Comment