The dentist had a lot of explaining to do. The authorities had arrested him for drug trafficking and had charged him with distribution of cocaine. The dental board had received complaints that he was using cocaine and was giving it to his patients. The board even suspended his license.His malpractice insurance company was aware of all of these allegations of malfeasance during the coverage period of his “claims-made-and-reported” policy. The one thing that the insurance company did not … [Read more...]
Archives for November 2012
How Much Information Does a “Claims-Made” Carrier Need to Receive During the Policy Period to Trigger Coverage?
November 28, 2012 by
Nevada’s Unfair Claims Settlement Practices Act Does Not Create A Third-Party Private Right Of Action
November 16, 2012 by
Nevada is one of a handful of states that creates a private right of action for violations of its Unfair Claims Settlement Practice Act, NRS 686A.310. Subsection (2) of the statute provides that “an insurer is liable to its insured for any damages sustained by the insured as a result of the commission of any act set forth in subsection 1 as an unfair practice.” Third-party claimants have asked whether this private right of action extends to them. The answer from the Nevada Supreme Court is a … [Read more...]
Nevada Does Not Recognize Third-Party Bad Faith
November 16, 2012 by
Greg Gunny claimed that his father Ralph negligently operated his boat and injured him. Greg wasn’t happy with the speed at which his father’s insurance, Allstate, was handling the claim. Greg Gunny sued Allstate directly for bad faith.In the case of Gunny v. Allstate Ins. Co., 108 Nev. 344, 830 P.2d 1335 (1992) the Nevada Supreme Court addressed the question of whether the third-party son had a cause of action for bad faith directly against his father’s insurance company. The Nevada … [Read more...]
When An Accident Happens Out Of The State, Which State’s Law Governs?
November 13, 2012 by
Tourists love Las Vegas!!! Many tourists come here to see the hotels, the casinos and the shows. But after a while the hotels, casinos and shows all start to look alike. So tourists are known to rent cars and go wandering the Wild West to take in the natural wonders just a few hours from town, including Death Valley in California, the Grand Canyon in Arizona and Zion National Park in Utah. That’s a lot of travel across many state lines. So when an accident happens outside of Nevada in a Las … [Read more...]
Can An Injured Plaintiff Sue A Nevada Rental Car Company Along With The Negligent Rental Driver?
November 5, 2012 by
A tourist arrives at Las Vegas’ McCarran Airport and rents a car. On the way to the hotel, the tourist causes an accident and injures a local driver. The injured driver sues naming both the renter and the rental car company as defendants. Is this proper?Of course, it depends. If the rental car company rented the car to someone who was intoxicated or who did not furnish proof of a valid driver’s license, there may be grounds for an independent cause of action against the rental car … [Read more...]
