Automobile, Taxi-Cab and Rental Car Claims

Another significant practice area of the firm involves the defense of automobile, taxi-cab and rental car claims. The firm defends both first-party claims and third-party bodily injury and property damage claims in arbitration, trial and on appeal.

Mr. Johnson co-authored the 1991, 1994, 2000 and 2001 editions of the Minnesota Motor Vehicle Insurance Manual, a treatise that has been recognized by Minnesota courts as an authority on automobile insurance law. The Manual has been used as an educational tool for judges, the plaintiff and defense bar alike, as well as others in the automobile insurance industry. Ms. Petersen served as the editor for the 2000 and 2001 editions of the Manual and has also authored a two-part article, the New Lawyer’s Guide to the Minnesota Automobile Insurance System, which was published in the Minnesota Defense magazine in 2000.

We pride ourselves on our ability to teach our clients and members of the bar on motor vehicle laws and how to effectively and economically resolve no-fault, uninsured, underinsured and liability claims. Members of the firm are frequently invited to conduct continuing legal education seminars on these issues, as well as to provide in-house training to our various insurance company clients.

We have also drafted rental car contracts, temporary loaner agreements and manuscript policy endorsements that have been used by automobile dealerships, rental car companies and insurance companies. While rental car law is not particularly complex or cumbersome, our knowledge of the area often allows our clients to shift the indemnity exposure elsewhere or to avoid the exposure altogether. Because of our specialization in this area, we are frequently asked to provide opinion letters and defend rental car and loaner claims. Members of our firm have been involved in several significant case law decisions involving rentals and loaner vehicles over the past decade, ranging from the priority of payment for liability claims to the constitutionality of the statutory caps on liability. See, e.g., State Farm Mut. Auto Ins. Co. v. Universal Underwriters Ins. Co., 625 N.W.2d 160 (Minn. Ct. App. 2001) (priority of payment of bodily injury claims in loaner vehicle context), rev. denied (Minn. June 27, 2001); Mutual Service Cas. Ins. Co. v. West Bend Mut. Ins. Co., 599 N.W.2d 585 (Minn. Ct. App. 1999), pet. for rev. denied, (Minn. Dec. 14, 1999) (priority for payment of bodily injury and property damage claims in loaner vehicle context); State Farm Mut. Auto. Ins. Co. v. West Bend Mut. Ins. Co. 599 N.W.2d 585 (Minn. Ct. App. 1999), pet. for rev. denied, (Minn. Dec., 1999) (same); West Bend Mut. Ins. Co. v. American Family Mut. Ins. Co., 586 N.W.2d 584 (Minn. Ct. App. 1998) (priority for payment of underinsured motorist benefits in rental car context); Agency Rent_A_Car, Inc. v. American Family Mut. Auto. Ins. Co., 519 N.W.2d 483 (Minn.Ct. App. 1994) (priority for payment of bodily injury claim and rights of indemnity in rental car context); Clusiau's Range Drive_U_Self, Inc. v. Federated Mut. Ins. Co., 1992 WL 340521 (Minn. Ct. App. Nov 24, 1992) (sale of personal accident insurance with Miller- Shugart agreement in rental car context); Schmakel v. Kline Oldsmobile, et. al, Ramsey County Dist. Ct. File No.: C5-98-8982 (May 1999) (priority of payment in rental car context and constitutionality of statutory caps). Our considerable knowledge of the automobile insurance, taxi-cab, and rental car industries, coupled with our understanding of the applicable leases, rental car and temporary substitute contracts and policy forms, gives JPPO the edge in being able to resolve these claims in an efficient and cost-effective manner.

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