Strategies, Challenges, and Answers

Archives for February 2016

Once An Insured Proves Coverage, The Burden Shifts To the Insurer To Prove An Exception Or Exclusion

In Nevada Insurance Coverage lore, Victor Havas is legend.Cases involving Mr. Havas answer so many insurance coverage questions.  What duty does an insurance agent owe to a customer? Havas v. Carter, 515 P.2d 397, 89 Nev. 497 (1973). For more information, see here.  When is replacement value the appropriate measure of damages rather than actual case value? Havas v. Atlantic Ins. Co., 95 Nev. 415, 596 P.2d, 246 (1979). here.  How can an insurance company avoid a waiver when it investigates a … [Read more...]

Nevada Recognizes Duty of Insurance Producers To Use Due Diligence to Place Insurance Or To Seasonably Notify The Client That The Insurance Can’t Be Obtained

Victor Havas’ bad luck with insurance did not start in 1979 as reported here.  He had been having insurance issues long before that.Back in the late sixties, Mr. Havas owned a used car lot.  Some of his used cars came up missing.  He hired Richard Carter of Insurance Agency, Inc. to find him an “open lot insurance” that would cover his inventory against fire, theft and other losses.Carter had some success and placed the policy which later cancelled.  He tried again and again the policy … [Read more...]

Replacement Value Not ACV Is The Proper Measure Of Damages In A Homeowner’s Theft Claim Where Policy Provides For Same

Victor and Arlene Havas took issue with the way their homeowner’s insurance company, Atlantic Insurance Company valued the property that they lost because of a theft at their home.  Mr. & Mrs. Havas submitted their claim to the insurance company seeking recovery of the value of the lost property.  The Havas’s insurance policy provided that recovery would be limited to an amount not exceeding either the cost of repair or replacement of the property with material of like kind and … [Read more...]