Strategies, Challenges, and Answers

An Auto Insurance Company’s Refusal To Pay Claim, Standing Alone, Is Not Bad Faith

refusal to pay is not bad faithAshley Aiello filed suit against her auto carrier Geico General Insurance Company.  She alleged that she was hurt when an unidentified driver struck her car and fled the scene.

She said that she filed an uninsured motorist claim with Geico.  She filed suit when as she alleged Geico refused to pay her UM benefits.  Aiello’s suit included causes of action for breach of contract and bad faith.

In Aiello v. Geico Gen. Ins. Co., No. 2:19-cv-00610-APG-VCF, 2019 U.S. Dist. LEXIS 84191 (D. Nev. May 20, 2019), the court ruled on Geico’s motion to dismiss the bad faith claim.  In her complaint Aiello alleged that Geico “performed in a manner that was unfaithful to the purpose of the contract formed by the Geico Policy.”  Id. at 5. [Continue reading]

The Immense Sacrifice Of Our Fallen Heroes Must Always Be Remembered . . .

“Was it worth it?”This is a question, sometimes politically-loaded, that is often asked of family members and war buddies of our Fallen Heroes.Marine Corps General John Kelly recently offered a unique perspective. A veteran of Iraq and … [Continue reading]

Insurance Company Must Stack Multiple UM Coverages If The Anti-Stacking Language Is Not Clear.

Multiple UM Coverages

Farmers issued two separate auto policies to the Torres family.  Both policies included uninsured coverage.The Torres daughter was injured when a moped on which she was a passenger crashed.  There was no coverage on the moped so Mr. Torres turned … [Continue reading]

Bobtail Insurance Provides Limited Coverage

Bobtail Insurance

Truckers and trucking companies do business under many different contractual arrangements.  Some truckers drive as employees of a single trucking company.  Those drivers operate the company’s truck and pull the company’s trailers.  However, a common … [Continue reading]

Where An Insurance Company Breaches Its Duty To Defend, It Can Be Liable For An Excess Verdict Even If The Company Did Not Act In Bad Faith

Century Surety Co. v. Andrew

Ryan Pretner suffered critical injuries when he was hit by a truck driven by Michael Vasquez.  Mr. Vasquez’s truck was covered by two auto policies, his personal policy, and his business auto policy.  His personal insurance with Progressive had a … [Continue reading]