Strategies, Challenges, and Answers

In Deciding Whether An Insurance Company Has A Duty To Defend Its Insured, Will Nevada Courts Look Beyond The Four Corners Of The Complaint?

In deciding whether an insurance company has a duty to defend its insured, courts have often said that they will not look beyond the “four corners” of the plaintiff’s complaint. If the allegations of the Complaint allege facts that fall within coverage, there is a duty to defend. If not, there is no duty. In the case of United Nat’l Ins. Co. v. Frontier Ins. Co., 120 Nev. 678, 687, 99 P.3d 1153, 1158 (2004) the Nevada Supreme Court enunciated the rule it would follow in making the duty to … [Read more...]

The Duty To Defend Is Broader Than The Duty To Indemnify

The duty to defend is broader than the duty to indemnify because the duty to defend covers not just claims for which the insured is liable, but also claims for which the insured could be found liable. United Nat’l Ins. Co. v. Frontier Ins. Co., 120 Nev. 678, 687, 99 P.3d 1153, 1158 (2004). Where there is no potential for coverage, there is no duty to defend. Bidart v. Am. Title Ins. Co., 103 Nev. 175, 179, 734 P.2d 732, 734 (1987). When interpreting insurance policy terms, the Nevada Supreme … [Read more...]