Strategies, Challenges, and Answers

Archives for December 2011

An Activist Supreme Court Prohibits Enforcement Of Binding Arbitration Provision That Prevents Nevada Consumers From Joining Class Action Suit

Auto insurance is not the only industry in which Nevada law provides protections to consumers.  In a previous POST, we pointed out that the legislature precluded the enforcement of compulsory arbitration provisions in auto insurance policies.Now the Nevada Supreme Court is getting into the act of refusing to enforce similar provisions in consumer sales contracts.  In the recent case of Picardi v. Eighth Judicial Dist. Court, 127 Nev. Adv. Op. 9, 251 P.3d 723 (Nev. 2011), the Court found that … [Read more...]

No UM/UIM Coverage Available To Person Overage Available To Person Injured By City Owned Street Sweeper

In White v. Continental Ins. Co., 119 Nev. 114, 65 P. 3d 1090 (2003), the Nevada Supreme Court faced a unique situation.  The question was whether an Uninsured / Underinsured Motorist (UM/UIM) carrier owed benefits to an insured who had been injured when his automobile was hit by a street-sweeping machine owned by the City of Reno.  The doctrine of Sovereign Immunity protected Reno.  Nevada’s Waiver of Sovereign Immunity Statute, N.R.S. 41.031 et seq. provides that recovery against any … [Read more...]

If A Cause Of Action Is Not Specifically Excluded By The Policy, You May Have To Look To The Pleadings And The Alleged There To Decide If Coverage Extends To Those Actions

In the case of Versatility, Inc. v. Capitol Indemnity. Corp., 2:10-CV-1942 JCM (PAL) slip op. (D. Nev. 2011) the U.S. District Court for Nevada explained that if injuries alleged in an underlying complaint arise from an excluded event, that failure to prevent the injury due to alleged negligent hiring or supervision are not covered either.Versatility was a drinking establishment. One of its patrons claimed that an employee assaulted him on the premises. The patron sued Versatility alleging … [Read more...]

Speaker at DRI’s Insurance Coverage and Practice Symposium Suggests Looking “Off-Panel” For Qualified Local Coverage Counsel

I recently attended DRI’s Coverage and Practice Symposium in New York City.  As usual, the site was exceptional and the presenters were extremely knowledgeable.  Plus, who wouldn’t want to be in New York City during the Holiday Season?One of the presenters, Michael M. Marrik, Esq. raised an interesting question.  He gave a top ten list of things that carriers should consider when handling coverage litigation nationwide.  He specifically questioned the wisdom of relying exclusively on “panel … [Read more...]

Late Notice Bars An Insurance Claim Only If The Carrier Can Prove Prejudice

Insurance carriers want the earliest possible notice of any claim.  Investigation of the claim will be most effectively done while memories are fresh and evidence is available.  In addition, an insurance company must financially account and plan for its expected losses by setting proper financial reserves.  So it is no wonder that virtually all insurance policies include provisions that obligate the insured to place the carrier on notice of a loss as soon as practicable.But what happens when … [Read more...]