The recent opinion of Gallegos v. Malco Enterprises of Nevada, dba Budget Rent A Car, 127 Nev. Adv. Op. 51, 255 P.3d 1287 (2011) may be the most significant bad faith case issued by the Nevada Supreme Court in a decade. To understand the case, you’ve got to know the facts.The driver of a Budget rental car injured Gallegos. Gallegos sued the driver who subsequently defaulted. The District Court entered a default judgment in favor of Gallegos for $400,000.00.Gallegos unsuccessfully … [Read more...]
Archives for September 2011
A Nevada Court Can Judicially Assign A Judgment Debtor’s Bad Faith Rights Against His Insurance Carrier To The Plaintiff Via Post Judgment Execution
September 28, 2011 by
Auto Insurance Carriers Cannot Compel Arbitration, But It Never Hurts To Ask
September 13, 2011 by
Most auto insurance policies include a provision that allows the insurance company and the insured to arbitrate first party disputes. However, attempts to compel arbitration under auto insurance contracts are forbidden in Nevada: NRS 690B.017 provides:NRS 690B.017 Provisions for arbitration not binding. No provision for arbitration contained in an automobile liability or motor vehicle liability insurance policy delivered, issued for delivery or renewed in this State is binding upon the … [Read more...]
