The story goes that back in the 19th century, some life insurance companies were not fond of paying claims. Apparently, after the insured died, life insurance companies would regularly investigate and if a misstatement was found in the application, would then deny the claims. According to Steven Rothschild of the LIFE Foundation, the various states responded by passing incontestability statutes. Absent outright fraud, or failure to pay premiums, these incontestability statutes limited the … [Read more...]
Investigating Death During A Life Policy’s Contestability Period Is Not Bad Faith
February 25, 2014 by
The Statute Of Limitations For An Underinsured Motorist Claim Does Not Start To Run Until The Carrier Has Been Called On To Satisfy Its Duties Under The Policy And Has Failed To Do So
April 13, 2012 by
Most lawyers can recite by memory the number of years available under statute to bring certain types of lawsuits. In Nevada, the statutes of limitation are found in Chapter 11 of the Nevada Revised Statutes.Since insurance policies are contracts, the right to bring an action for breach of a policy is generally limited to six years. See NRS 11.190(1)(a). In Grayson v. State Farm Mut. Auto. Ins., 971 P.2d 798 (1998) the Nevada Supreme Court faced the question of the when this six-year … [Read more...]
If A Cause Of Action Is Not Specifically Excluded By The Policy, You May Have To Look To The Pleadings And The Alleged There To Decide If Coverage Extends To Those Actions
December 28, 2011 by
In the case of Versatility, Inc. v. Capitol Indemnity. Corp., 2:10-CV-1942 JCM (PAL) slip op. (D. Nev. 2011) the U.S. District Court for Nevada explained that if injuries alleged in an underlying complaint arise from an excluded event, that failure to prevent the injury due to alleged negligent hiring or supervision are not covered either.Versatility was a drinking establishment. One of its patrons claimed that an employee assaulted him on the premises. The patron sued Versatility alleging … [Read more...]
Got Questions?
August 17, 2010 by
These posts on the Mills & Associates Nevada Coverage & Bad Faith Law blog are published to provide useful insights on Nevada insurance law to our clients and other subscribers. Many times the topics are suggested by recent case law, or issues raised by litigation.As part of our ongoing effort to provide both timely and helpful information, we invite all our readers to submit issues which they would like to see addressed in future blog posts.Likewise, please submit questions … [Read more...]
Breach Of Insurance Contract And Bad Faith Claims Do Not Have To Be Brought In the Same Lawsuit . . . Sometimes
October 7, 2009 by
Often we see breach of insurance contract and bad faith claims included in the same complaint. However, have you ever wondered if the two causes of action must be brought together? The case of Pulley v. Preferred Risk Mut. Ins. Co., 111 Nev. 856, 897 P.2d 1101 (1995) tells us that that breach of contract and bad faith suits are distinct and can be brought either together or separately.In Pulley, the Plaintiffs filed their UM claims with the insurance carrier. They were unable to reach a … [Read more...]
