Strategies, Challenges, and Answers

Adjusting Claims Involving Intoxicated Insureds Can Be Complicated

In Nevada, there’s alcohol everywhere.  Or so that is what many visitors believe as they find themselves partaking in “just one more” at every stop of their visit.  Even some locals live up to the outsider’s stereotypical view of a Las Vegas resident by overdoing it a bit too often.

However, like every other state, Nevada has strict laws against driving while intoxicated.  Seasoned adjusters know the many complications that can arise when dealing with a claim involving an intoxicated insured.

It is against the law to drive a vehicle in Nevada if you are intoxicated.  NRS 484C.110.  Driving intoxicated with an accident causing serious bodily injury or death is a felony.  NRS 484C.430.  In addition, drunk drivers are subject to having their driver’s licenses revoked.  A person is presumed to be intoxicated if their blood alcohol concentration is 0.08 or greater.  Id.  These same types of presumptions can apply for other intoxicants as well. [Continue reading]

Nevada Court Enforces Clear and Unambiguous Contractual Limitation of Action

Evelyn Collins and her daughter Angela lived in the same house.  They each had their own car and their own auto insurance policy from Farmers Insurance. One day Evelyn was a passenger in her daughter’s car.  The daughter Angela negligently … [Continue reading]

Nevada Adopts the Manifestation Rule in First Party Property Cases involving Progressive Damage.

Manifestation Rule in First Party Property Cases involving Progressive Damage

In 1977, the Jacksons bought a home.  Over time, small cracks appeared in the walls.  The Jackson's investigating engineer said that the home had suffered structural damage because of negligent construction. The Jackson's homeowner policy was … [Continue reading]

Nevada Considers Coverage Issues Arising From The Loading And Unloading Of Commercial Trucks And Trailers.

barrels with flame sign

The year is 1964.  A construction truck pulls up to the dock at Richfield Oil Corporation in Las Vegas, Nevada.  The driver of the truck hopes to load fuel that he can haul to a construction site where his equipment is operating. Mr. Spink is … [Continue reading]

Financial Responsibility Liability Coverage Provided By Rental Car Companies Is Secondary To The Driver’s Personal Coverage Based On Language In The Rental Contract

Betty Roe rented a car from Allstate Rent-A-Car.  While driving that car, she caused an accident with injuries.  She didn't buy any additional insurance coverage from the rental car company but she had her own personal auto insurance through … [Continue reading]