Tag Archives: Insurance

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


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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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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(Introduction) Getting a Handle on Large Construction Defect Claims


Having studied, worked with and litigated coverage issues under the commercial general liability (CGL) policy for twenty years, large construction defect claims, particularly those involving commercial and multi-unit residential buildings, pose some of the most complex claims encountered by those … Continue reading

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(Part V) 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 V) addresses the obligation of a subcontractor and its commercial general liability (CGL) insurer with regard to the defense … Continue reading

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