Tag Archives: Liability 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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MN AUTO COVERAGE: NON-EXISTENT POLICY EXCLUSIONS, CONFORMITY CLAUSES & THE NO-FAULT ACT


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: 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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Insurance: Economic & Intangible Losses (Lost Profits, Idle Time, Increased Overhead, Liquidated Damages, Diminution in Value & Suppressed Rentals, Etc.


Faulty workmanship can produce several different types of injuries in addition to the typical claim involving physical injury to other property. Faulty or defective work can cause, and contractors may be confronted with claims alleging, numerous types of economic and … Continue reading

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CGL Coverage:”Your Work” Exclusion Comes Full Circle — Deletion of Subcontractor Exception


By Greg Johnson. It’s back to square one for some residential contractors. In Grinnell Mutual Reinsurance Co. v. Wollak Construction, Inc., Civ. File No. 10-350 (RHK/LIB) (D. Minn. 10/15/2010), the federal district court, applying Minnesota law, held that the “your … 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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