Tag Archives: Insurance

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


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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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

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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

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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

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CGL Coverage: Latent Defects and Continuous, Progressive or Recurring Damages (Allocation of Liability)


By Greg Johnson. Which CGL policy (or policies) will apply in a property damage claim involving continuing, progressive or recurring damages?  Whether the underlying claim is one of environmental liability, asbestos, construction defect or products liability, claims involving damages which extend … Continue reading

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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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