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Automotive/Transportation

BUSINESS INTERRUPTION COVERAGE – INSURANCE INDUSTRY AND LAWMAKERS WEIGH IN

BUSINESS INTERRUPTION COVERAGE – INSURANCE INDUSTRY AND LAWMAKERS WEIGH IN

In a letter dated Wednesday March 18, 2020, a bipartisan group of U.S. Congressional lawmakers urged four major insurance trade organizations “to make financial losses related to COVID 19 and other infectious disease-related losses part of their commercial business interruption coverage for policy holders.” The lawmakers advised that the “shelter-in-place” orders that have been issued […]

COVID-19 and Force Majeure

COVID-19 and Force Majeure

Unforeseeable circumstances – such as the outbreak of coronavirus (“COVID-19”) – that prevent a party from fulfilling its contractual duties may fall under the force majeure clause of that contract. However, a great deal depends on the nature of the event and its impact on the specific contract and its performance by the parties.  The […]

YOU AUTO KNOW® – Risk of Loss

Posted on in Automotive/Transportation, News
YOU AUTO KNOW® – Risk of Loss

Scenario:  Mr. Jones takes delivery of his new vehicle. During the period of time when the title is being transferred to Mr. Jones, he is in a serious accident, and the vehicle is determined to be a total loss. Mr. Jones contacts you and states that the dealership is responsible for payment of the vehicle since […]

YOU AUTO KNOW® – A WIN FOR THE GOOD GUYS

Posted on in Automotive/Transportation, News
YOU AUTO KNOW® – A WIN FOR THE GOOD GUYS

Recently, Ohio’s Ninth District Court of Appeals upheld the dismissal of a class action lawsuit against a dealer for several counts of the Ohio Consumer Sales Practices Act. The facts of the case are not unlike that in a routine lease transaction. The plaintiff leased a vehicle and executed a lease agreement. The lease agreement […]

You Auto Know!® – Insurance Coverage

Posted on in Automotive/Transportation, News
You Auto Know!® – Insurance Coverage

Recently I received an e-mail from a colleague of mine in the southeast. The scenario is as follows: Dealer sells and delivers a new Jeep. It is a cash deal. “Customer” pays with a check, the funds are not verified and a new title clerk immediately titles the vehicle. Shortly thereafter, the same customer visits […]

You Auto Know!® – MANUFACTURER INDEMNIFICATION

Posted on in Automotive/Transportation, News
You Auto Know!® – MANUFACTURER INDEMNIFICATION

As you are aware, Ohio has two statutes requiring a manufacturer/franchisor to indemnify the dealer/franchisee relative to defective motor vehicles that are produced by the franchisor and provided to the dealer/franchisee. The two Ohio statutes are O.R.C. §4517.60 “Indemnification and Holding Harmless of Franchisee” and §4517.72 – “Duty to Repair – repair unsuccessful,” commonly known […]