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- MN AUTO COVERAGE: NON-EXISTENT POLICY EXCLUSIONS, CONFORMITY CLAUSES & THE NO-FAULT ACT
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This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not reflect those of the author’s law firm or the author’s past and present clients. By reading it, no attorney-client relationship is formed. The law is constantly changing and is different in each jurisdiction. If you want legal advice, please consult an attorney. The opinions expressed here belong only to the individual contributor(s). Gregory J. Johnson © All rights reserved 2015.Top Posts & Pages
- Protecting the Dealership's "Front-End" and "Back-End": What Does that Mean?
- Rental Car Coverage: Diminution in Value, Loss of Use & Loss Damage Waiver (LDW) -- the Basics
- Why do Auto Dealers Purchase Limited Truth in Lending Coverage?
- Leasing, Rentals and Vicarious Liability: An Overview of the Graves Amendment
- Loss of Use: Is the At-Fault Driver's Insurer Required to Provide a "Comparable" Rental Vehicle?
- The Graves Amendment: Does it Shield Membership-Based Car Sharing Services from Vicarious Liability?
- Yikes!! Self-Insured Enterprise Rent-A-Car Required to pay $600,000 on behalf of Renter even though Insurer’s Maximum Liability would have been $50,000.
- The Auto Dealer Liability Policy: Analyzing Coverage for Statutory Acts, Errors or Omissions Claims (TILA, CLA, FCRA, ECOA, FTC, GLB, CFA & UDTPA)
- Minnesota Car Rental: Handling BI/PD, UM/UIM & Rental Vehicle Damage Claims
- Minnesota No-Fault Coverage: “Stacking” the Weekly Rate-of-Pay-Limit
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Tag Archives: Vicarious liability
Auto Rental News Special Report: The Problem with Renting Fast Cars
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
Posted in Rentals
Tagged Graves Amendment, Insurance Law, Rental Car Liability, Vicarious liability
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Dealership Arranged Leases: Is the Lessor Liable for the Lessee’s Negligent Operation of the Vehicle?
By Greg Johnson. A dealership leases a vehicle to a customer under a 48 month lease agreement. The lease is assigned to Honda Lease Trust, a leasing company, and administered by American Honda Finance Company. If the lessee-customer negligently causes … Continue reading
Posted in Auto Dealer, Coverage, Indirect Financing
Tagged Graves Amendment, Vehicle Leasing, Vicarious liability
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The Problem with Renting Fast Cars: A Special Report of the Auto Rental News
I was recently interviewed in connection with a most interesting article by Chris Brown of the Auto Rental News: “Enter the world of brokering, where fleet funding, commercial insurance and even car ownership are not necessities. As the name suggests, … Continue reading
Posted in Coverage, Rentals
Tagged Auto Insurance, Graves Amendment, Rental Car, Rental Car Liability, Vicarious liability
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Oops!! Self-Insured Owner of Rental Vehicle that had no Obligation to Afford Omnibus Coverage to Permissive Users not entitled to recover $260,000 Settlement Payment.
By Greg Johnson. In an unusual twist, a rental car company insisted it was obligated to pay damages to a third party who was injured by the permissive operator of its rental vehicle and the renter maintained it was not. … Continue reading
The Graves Amendment: Does it Shield a Taxi-Cab Company from Vicarious Liability?
By Greg Johnson. Does the federal Graves Amendment apply to insulate taxi-cabs from vicarious liability for the negligence of their drivers? The issue is obviously important in the twelve jurisdictions which by statute impose vicarious liability on the owner of … Continue reading
Posted in BAP, PAP, Rentals, Taxi Cab
Tagged Rental Car Liability, Taxi Cab, Vicarious liability
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The Graves Amendment: Does it Shield Membership-Based Car Sharing Services from Vicarious Liability?
By Greg Johnson. Does the Graves Amendment apply to membership-based car-sharing companies like Zipcar? In a previous post, I provided an overview of the Transportation Equity Act of 2005 (49 USC § 30106) (a/k/a “Graves Amendment”), a federal law which … Continue reading
Posted in BAP, PAP, Rentals
Tagged Car Sharing Services, Graves Amendment, Rental Car Liability, Vicarious liability, Zipcar
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The Graves Amendment: Is an Auto Dealer Vicariously Liable for a Customer’s Negligent Operation of a Loaner Vehicle?
By Greg Johnson. Does the Graves Amendment apply to auto dealerships who provide loaner vehicles to their customers? In a previous post, I provided an overview of the Transportation Equity Act of 2005 (49 USC § 30106) (a/k/a “Graves Amendment”), … Continue reading
Posted in ADCF Policy, Auto Dealer, BAP, Coverage, Duty to Indemnify, PAP, Rentals
Tagged Graves Amendment, Motor vehicle, Vicarious liability
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Odd Federal Graves Amendment Case: to Avoid Vicarious Liability Owner of Vehicle Must Prove its Affiliate was also Free of Negligence.
By Greg Johnson. In Stratton v. Wallace, 11-CV-74-A HKS, 2014 WL 3809479 (W.D.N.Y. Aug. 1, 2014), the court came to an odd result under the Graves Amendment (Transportation Equity Act of 2005 (49 USC § 30106)), a statute intended to … Continue reading
Leasing, Rentals and Vicarious Liability: An Overview of the Graves Amendment
By Greg Johnson. Over the past twenty five years, I’ve represented many companies engaged in the business of leasing or renting vehicles. In the 1990’s, prior to the passage of the Transportation Equity Act (49 USC § 30106) (a/k/a “Graves … Continue reading
Posted in ADCF Policy, Auto Dealer, BAP, Coverage, PAP, Rentals
Tagged Graves Amendment, Motor vehicle, Vicarious liability
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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
Posted in BAP, Coverage
Tagged Graves Amendment, Gregory J. Johnson, Insurance Law, Motor vehicle, Semi-Trailer, Vicarious liability
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