Strategies, Challenges, and Answers

Archives for September 2013

Nevada Casualty Insurers Do Not Owe A Fiduciary Duty To Their Insureds

Mr. Martin was hurt in an auto accident.  The opposing driver had no insurance.  Mr. Martin turned to his own auto policy for uninsured motorist benefits.  Mr. Martin felt that his insurer, State Farm, didn't promptly investigate his claim and made inadequate offers to settle. He sued State Farm for breach of contract, bad faith, unfair claims settlement practices, breach of fiduciary duty and infliction of emotional distress.State Farm filed a Motion to Dismiss.  In the case of Martin v. … [Read more...]

The State Bar Of Nevada And Many Of Its Members Support The Creation Of A Court Of Appeals

In its most recent session, the Nevada Legislature unanimously passed a resolution calling for the creation of a new Nevada Court of Appeals. The voters will ultimately decide whether this new court will get off the ground. Nevada voters will find the proposed initiative on their November 2014 ballots.The Nevada Law Blogs have already spoken In Favor of the creation of this new court. The Blogs pointed out that the appellate process is bogged down because of the numbers of cases the Nevada … [Read more...]

Nevada Court Interprets California Family’s Auto Policy Using California Law Following Nevada Accident

Nevada often follows the lead of California when it comes to interpreting the law. But there are times when the law of the two states is irreconcilable. Take the case of Mr. and Mrs. Sotirakis for example. Mr. and Mrs. Sotirakis lived in California. They owned a home in California. They garaged and registered their cars there. The Sotirakis family bought their insurance from USAA. USAA issued the Sotirakis family its auto policy in California.As many Californians are prone to do, Mr. and … [Read more...]

Nevada’s Compulsory Auto Insurance Law and Nevada’s Financial Responsibility Law Working Hand In Hand

In the area of Nevada automobile insurance coverage, there are regular references to the Nevada’s Compulsory Automobile Insurance Law, N.R.S. 485.185 - 485.187, and its Financial Responsibility Law, N.R.S. 485.190 – 485.420.  In answering coverage questions, it is important to understand the purpose of each of these laws and to differentiate between the effects of that these laws have.  The case of State of Nev., Dep’t of Motor Vehicles v. Lawlor, 101 Nev. 616, 707 P.2d 1140 (1985) does a good … [Read more...]