Strategies, Challenges, and Answers

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...]

Two For The Price Of One! Mike Mills Authors Two Articles That Appear In The Most Recent Issue Of DRI’s Covered Events Newsletter.

Mike Mills’s article on the care, custody or control exclusion found in the general liability form policy was featured on DRI’s Covered Events online newsletter in 2013 Issue 1.  If you are interested in Mike’s conclusions on this interesting insurance coverage issue, you can read the article HERE.In addition, Mike’s report on the recent Nevada Supreme Court case of Physicians Ins. Co. v. Williams, 128 Nev. Adv. Op. 30, 279 P.3d 174 (2012) can be found in the same issue HERE.Keep an eye … [Read more...]

U.S. District Court For Nevada Enforces Criminal And Intentional Acts Exclusion In Homeowner’s Policy

Mr. Nolte might not have anticipated the consequences of his action.  He  probably didn't intend to send Ms. Mucinski to the hospital   But that is exactly where she ended up when he hit or pushed her causing her to fall and strike her head.  She was rendered unconscious and suffered a hematoma, a fractured eye socket and a head contusion.  Ultimately, Nolte plead guilty to "battery with substantial bodily injury."Ms. Mucinski filed a civil suit seeking damages in state court.  Mr. Nolte's … [Read more...]

Nevada Requires An Owner’s Auto Policy To Provide Minium Limits Coverage To Any Permitted Driver, Even If The Policy Specifically Excludes That Person By Name

An insurance company that has been writing policies in Nevada for just a few years asks the Nevada Law Blog if it can deny third-party liability coverage to a permissive driver who was excluded by name from the policy.  Nevada answered that question over two decades ago in the case of Federated American Ins. v. Granillo, 108 Nev. 560, 835 P.2d 803 (1992).Mr. Granillo bought auto insurance from Federated American Insurance.  The company told Granillo that if he were the only driver of the … [Read more...]