Auto Dealership Law Archives

Better Late Than Never - Late Notice May Not Be Detrimental To Coverage Under An Occurrence Policy

As anyone who has ever tried to read through an insurance policy can attest, there are pages upon pages of terms, conditions, exclusions, limitations, definitions, and ... notice requirements. Most notice requirements in policies mandate that notice of a claim be provided in a prompt or timely manner. While the failure to strictly adhere to the policy's notice requirements can result in a forfeiture of coverage, late notice may not always be detrimental. In Marty Lat v. Farmers New World Life Insurance Company (10/16/18 Court of Appeal 2nd Dist.), the Court of Appeal held that an insurance company may not deny an insured's claim under an occurrence policy based on lack of timely notice or proof of claim unless the insurer can show actual prejudice from the delay.

3 Items For Your Winter Corporate Check-Up

One of BKCG's main goals is to help our clients avoid legal problems from occurring in the first place and, with that in mind, based on our clients' experiences and recent legal developments, we suggest you consider doing the following 3 things to help your company stay out of legal peril.

Did you buy a lemon? The law protects people who buy "bad" cars

A "lemon" is a tasty fruit, but it also has another meaning: It's a motor vehicle with problematic defects. In the case of a lemon, the defects are so extensive and severe that they can't be resolved -- or, they can't be fixed in a reasonably affordable manner.

Handling a dispute with a manufacturer

We have addressed some of the legal challenges that auto dealerships face, such as disputes with staff members or customers. Sometimes, however, litigation can involve a manufacturer and these cases can be especially difficult. As a result, it may be in the best interests of your business to avoid litigation, which may be possible by carefully discussing the issue(s) with a manufacturer. Ideally, these disagreements can be resolved without heading to court and taking on the stressors associated with litigation. After all, lawsuits can be difficult from a financial standpoint and in terms of time lost, both for manufacturers and car dealerships alike.

Litigation, from an auto dealer's viewpoint

If you run an auto dealership, you likely have to handle a number of problems from time to time, whether you run into disagreements with staff members or face challenges which involve certain customers. We understand how challenging this can be for auto dealerships in Irvine and all over the state of California. We also know that some of these disputes can lead to litigation and that they are a myriad of reasons why auto dealers find themselves in the courtroom. Unfortunately, litigation can have an incredibly damaging impact on a dealership, even in instances when the auto dealer is falsely accused of wrongdoing.

Employment law and auto dealerships

There are many different reasons why auto dealers may find themselves in a difficult position, legally speaking. For example, litigation involving another car dealer may arise or a dealership may struggle with difficult clients. However, employment law issues can be especially tricky and take many different forms. If you own an auto dealership, or if you work for a car dealership, it is important to understand which types of behavior violate the rights of employees and ensure that the appropriate steps are taken in the event that such violations take place. In Irvine, and across the rest of California, these disputes can have a very damaging impact on dealerships of all sizes.

Car Dealers Beware: Failure to Settle Song-Beverly Consumer Warranty Act Claims Quickly Can Result in Liability for Huge Legal Fees

A recent Court of Appeals decision, Goglin v. BMW of North America, LLC, et al. reveals the risk to the dealer of failing to quickly settle a consumer demand for restitution under the Song-Beverly Act. BMW and the dealer recently lost an appeal of an award of over $185,000 in attorney fees following settlement of a consumer claim.

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