Strategies, Challenges, and Answers

The Immense Sacrifice Of Our Fallen Heroes Must Always Be Remembered . . .

“Was it worth it?”This is a question, sometimes politically-loaded, that is often asked of family members and war buddies of our Fallen Heroes.Marine Corps General John Kelly recently offered a unique perspective. A veteran of Iraq and Afghanistan himself, General Kelly lost his youngest son, First Lieutenant Robert Kelly, while conducting combat operations in Helmand Province in 2010.General Kelly was asked if the loss was worth it by a reporter with National Public Radio. He said, … [Read more...]

Investigating Death During A Life Policy’s Contestability Period Is Not Bad Faith

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...]

No Bad Faith Where There Is A Reasonable Dispute As To Coverage

Gary Lewis had a minimum limits auto policy with United Automobile Insurance Company.  UAIC notified Lewis that the policy was going to lapse.  Lewis took no action and made no payment until July 10, 2007.  However that payment was made ten days after he was supposed to have sent payment according to the renewal notice and two days after Lewis hit and seriously injured minor pedestrian Cheyanne Nalder.When Cheyanne Nalder’s father sued Lewis in behalf of his daughter, UAIC did not step … [Read more...]

U.S. District Court For Nevada Refuses To Dismiss Extra-Contractual Claims Even Though It Finds There Is No Coverage

Mr. Turk was a builder.  His companies and others built the Rancho del Norte Villas.  The construction was supposed to comply with the Fair Housing Act.  It didn’t.  The Disabled Rights Action Coalition sued Turk and a number of others for the alleged violations.Turk turned to several insurance policies that he thought should cover him.  After various attempts to get a response, he filed for declaratory relief.  Ultimately, the court determined that there was no coverage under any of the … [Read more...]