Strategies, Challenges, and Answers

Nevada Supreme Court Enforces Choice Of Law Provision In Mississippi Auto Insurance Policy

Man and flag of Mississippi (clipping path included)Randall and Toni Faehnrich lived with their two sons in Mississippi.  The Faehnrich’s owned a Jeep.  The Faehnrich divorced and Mrs. Faehnrich decided to move to Las Vegas.  After moving to Nevada but before changing the plates, registration and insurance, Toni Faehnrich crashed the Jeep.  The Faehnrich boys were hurt in the accident.

Randall brought suit against his wife Toni in behalf of their injured sons.  In Nevada, it had been against public policy for a Nevada Auto Insurance Policy to totally prevent an injured family member from recovering at least the minimum coverage from a negligent driver even if the driver is a member of the same household.  See Here.  However, household exclusions are apparently enforceable in Mississippi.  [Continue reading]

Bad Faith Set-Up Fail!

Set Up Gone Bad

Chau caused an auto accident that killed the opposing driver Benjamin Buenaventura.  Chau reported the accident to the Nevada affiliate of AAA.  Less than a month later, the attorney for the claimant sent a time limit policy limit demand to AAA.  To … [Continue reading]

Nevada Allows Policyholders To Sue Certain Managing General Agents and Third-Party Administrators For Bad Faith

Law scales, judge gavel on table front of USA flag retro photo

An agent who acts for a disclosed principal is not liable for commitments made by the agent in the principal’s behalf.  See ALI’s Restatement (Second) of Agency § 320 (1958).  In the field of insurance, managing general agents, third-party … [Continue reading]

Investigating Death During A Life Policy’s Contestability Period Is Not Bad Faith

Foreclosure

The story goes that back in the 19th century, some life insurance companies were not fond of paying claims.  Apparently, after the insured died, life insurance companies would regularly investigate and if a misstatement was found in the application, … [Continue reading]

As Between Intentional And Negligent Joint Tortfeasors, The Negligent Tortfeasor Is Severally Liable While The Intentional Tortfeasor Is Liable Both Jointly And Severally.

penknife

According to its web site, CAFE MODA is the “Hottest Local Filipino Spot In Las Vegas”.  A few years back, things got hotter than expected when Palma and Richards got into a fight while on the cafe’s premises.  Richards stabbed Palma.  Palma sued … [Continue reading]