Strategies, Challenges, and Answers

Archives for January 2014

A Policyholder Cannot Prevail Under NRS 686A.310(f) Unless There Has Been An “Ultimate Recovery”

Hartford’s policyholder was hurt in two separate accidents, once in 2009 and then again in 2010.  She collected policy limit settlements from each tortfeasor.  She then turned to Hartford, her UIM carrier. She demanded a policy limit settlement for each accident. When the parties could not agree on the value of either claim, the policyholder sued Hartford for breach of contract, bad faith and violations of Nevada's Unfair Claims Settlement Practices Act. (UCSPA). Mueller v. Prop. and Cas. Ins. … [Read more...]

UIM Bad Faith Damages Do Not Include Those Bodily Injury Damages That Are In Excess Of Both The Liability And The UIM Policy Limits

Mr. Bartlett had a dispute with his insurance company. He disagreed with the insurance company’s valuation of his underinsured motorist case. Bartlett sued the tortfeasor and got a judgment against him that was in excess of the torfeasor’s liability limits and in excess of Bartlett’s own underinsured (UIM) motorist coverageWith the judgment in hand, Bartlett filed a suit against his UIM carrier for bad faith.  Bartlett v. State Farm Mut. Auto. Ins., Case No. IP01-0510-C-HG, (D.C. Ind., Nov. … [Read more...]