The Nevada Law Blogs have been serializing the arguments made by the parties in the case of State Farm v. Hansen. We had imagined the two opponents in this case standing face-to-face in an old-west gunfight. The question to be resolved by this dual is if and under what circumstance an insurance company should be forced to give up its contractual right to select the attorney who will defend the insured and instead allow the insured to choose its own independent counsel at the expense of the … [Read more...]
Archives for December 2014
Is It Time To Be Done With The Notion That Nevada Law Should Favor California Law When Nevada Law Is Silent?
A Reasonable Defense Trumps Bad Faith Even With Multiple Policy Limit Demands And An Excess Verdict
Jesse Kalberer and Eileen Mediola were in a car accident. Ms. Mediola’s attorney sent a policy limit demand to Jesse’s auto carrier, American Family. American Family rejected the demand claiming that the injuries were pre-existing and that the medical bills were overstated.American Family warned Jesse of a possible excess verdict. Plaintiff even emailed American Family and asked the company to settle so as to not expose Jesse to an excess verdict.At the same time, Jesse’s defense … [Read more...]