Strategies, Challenges, and Answers

Archives for May 2013

Is The Company Playing Favorites?

Avoid the Allegation That You Have Protected One Insured to the Detriment of AnotherEvery day, insurance adjusters see claims where the insured has not purchased enough liability insurance to cover the loss. In many instances, the injured party will accept payment of the policy limit and release the claim, even though he has not been fully compensated. There are other times where the plaintiff won’t accept the policy limit and will try to recover the excess value of the claim by filing suit … [Read more...]

Nevada Adopts the Manifestation Rule in First Party Property Cases involving Progressive Damage.

In 1977, the Jacksons bought a home.  Over time, small cracks appeared in the walls.  The Jackson's investigating engineer said that the home had suffered structural damage because of negligent construction.The Jackson's homeowner policy was with State Farm.  State Farm disagreed with the Jacksons.  State Farm said that the loss was from earth movement.  The State Farm policy in place at the time the Jacksons reported the damage excluded coverage for both negligent construction and earth … [Read more...]

Nevada Considers Coverage Issues Arising From The Loading And Unloading Of Commercial Trucks And Trailers.

The year is 1964.  A construction truck pulls up to the dock at Richfield Oil Corporation in Las Vegas, Nevada.  The driver of the truck hopes to load fuel that he can haul to a construction site where his equipment is operating.Mr. Spink is the guy working the dock.  He is the one who is going to load the fuel on the truck.  He pulls the bung out of the fuel drum to begin the transfer of fuel from the drum to the container in the back of the truck.  Fuel spews up and out of the drum.  The … [Read more...]