Insurance companies have felt the burden of the economic downturn as insured’s have reduced their liability coverage or eliminated their coverage completely. Where the coverage of a tortfeasor is insufficient to compensate an injured party, that party often turns to his/her own insurer’s UM/UIM policy to close the gap. It is this relationship which has increasingly given rise to claims for breach of the implied covenant of good faith and fair dealing, commonly referred to by Plaintiff’s counsel … [Read more...]
Archives for May 2011
A Dispute As To The Value Of A UM/UIM Claim Does Not Constitute A Breach Of The Implied Covenant Of Good Faith And Fair Dealing
May 24, 2011 by
An Heir Cannot Recover Wrongful Death Damages From His Or Her Own Personal Underinsured Motorist Policy If That Heir Suffered No Bodily Injury In The Fatal Accident
May 13, 2011 by
Deborah Fackett’s mother died from injuries she received in a car crash. Deborah was not involved in the crash. She suffered no physical trauma. Deborah’s car was in no way involved in the accident. Nevertheless, as her mother’s legal heir, Deborah qualified to pursue a claim against the tortfeasor under Nevada’s Wrongful Death Statute (N.R.S. 41.085). For a brief overview of Wrongful Death in Nevada see HERE.Deborah filed a claim with the tortfeasor’s carrier and it paid its policy … [Read more...]
Celebrate Law Day 2011
May 1, 2011 by
Gerald Ford said “Our constitution works. Our great republic is a government of laws, not of men.” Andrew Jackson said “The great can protect themselves, but the poor and humble require the arm and shield of the law. “ Republican or Democrat, all acknowledge that the USA is a nation of laws. In these times of political unrest it is important to remember this country is founded on the rule of law.During the cold war the USSR celebrated May 1 with parades emphasizing military might, and … [Read more...]
