Almost universally, Underinsured Motorist policies require that the insured exhaust the underlying liability policy before he or she can make claim for the Underinsured Motorist benefits. In the cases of Mann v. Farmers Ins. Exchange, 108 Nev. 648, 836 P.2d 620 (1992) and Shaw v. Continental Ins. Co., 108 Nev. 928, 840 P.2d 592 (1992) the Nevada Supreme Court considered the question of whether such provisions were enforceable.In the Mann case, the Plaintiff was injured in an accident … [Read more...]
Archives for April 2011
Is An Intentional Acts Exclusion Ambiguous And Unenforceable Against A Co-Insured For Allegations Of Failure To Supervise The Intentional Actor?
April 7, 2011 by
As reported HERE, the Nevada Supreme Court concluded in the case of Fire Ins. Exch. v. Cornell, 120 Nev. 303, 90 P.3d 978 (2004), that a homeowner’s carrier had no duty to defend or indemnify the parents of an adult child who committed statutory sexual seduction against allegations that the parents negligently supervised the adult son. In that case, the policy did not just exclude coverage for the intentional actor. The policy language was broader. The policy said that that there would be no … [Read more...]
