Strategies, Challenges, and Answers

If An Insured’s Policy Covers Activities In Nevada, The Insured Can Sue The Company In Nevada For Breach Of That Policy And For Bad Faith

The Mendes family lived in Massachusetts.  They owned a house in Massachusetts.  They registered to vote there.  Their auto registration and drivers licenses were all from Massachusetts.  In fact, they had auto insurance that they bought in Massachusetts that was underwritten by the Arabella Mutual Insurance Company.  The Arabella policy required that to claim the benefits of all of the policy’s coverage provisions, the insured car had to be principally garaged in Massachusetts. The Mendeses … [Read more...]

Adjusting Claims Involving Intoxicated Insureds Can Be Complicated

In Nevada, there’s alcohol everywhere.  Or so that is what many visitors believe as they find themselves partaking in “just one more” at every stop of their visit.  Even some locals live up to the outsider’s stereotypical view of a Las Vegas resident by overdoing it a bit too often. However, like every other state, Nevada has strict laws against driving while intoxicated.  Seasoned adjusters know the many complications that can arise when dealing with a claim involving an intoxicated … [Read more...]

For Purposes Of Policy Cancellation, One Percentage Point Can Make All The Difference In Deciding Whether The Driver Was “At Fault”

In Nevada, insurance companies cannot cancel, raise premiums or refuse to renew insurance policies where the insured was in an accident that was not his or her fault.  The statute reads: N.R.S. 687B.385  Cancellation, nonrenewal or increase in premium due to claims for which insured was not at fault prohibited.  An insurer shall not cancel, refuse to renew or increase the premium for renewal of a policy of motor vehicle insurance covering private passenger cars or commercial vehicles as a … [Read more...]

The Nevada Supreme Court Reconciles Conflicts Between Nevada’s UM/UIM Law And An “Owned But Uninsured” Exclusion

In an earlier post HERE, we explained how the Nevada Supreme Court reconciled the conflict it found between Nevada’s Compulsory Automobile Liability Insurance Law, NRS 485.185, and an auto policy’s household exclusion.  A few years later, the Nevada Supreme Court encountered the same type of conflict in a Uninsured / Underinsured Motorist setting. Like liability coverage, Nevada UM/UIM coverage has a compulsory element as well.  As we explained in an earlier POST, Nevada auto insurance … [Read more...]

Household Exclusion Conflicts With Nevada’s Compulsory Auto Insurance Law. Nevada Supreme Court Allows Insurer To Enforce Exclusion And Prevent Payments In Excess Of Compulsory Minimum Limits

An adjuster recently wrote to the Nevada Law Blogs asking if there would be insurance coverage to pay a mother for the wrongful death of her child who died as a result of the negligence of her husband, the deceased child’s father.  This question focuses on the household exclusion found in many auto policies. Household exclusions attempt to eliminate coverage when one member of the household sues another for negligence.  At least in the Nevada auto realm, the answer to this question is found in … [Read more...]