Strategies, Challenges, and Answers

Once An Insured Proves Coverage, The Burden Shifts To the Insurer To Prove An Exception Or Exclusion

In Nevada Insurance Coverage lore, Victor Havas is legend. Cases involving Mr. Havas answer so many insurance coverage questions.  What duty does an insurance agent owe to a customer? Havas v. Carter, 515 P.2d 397, 89 Nev. 497 (1973). For more information, see here.  When is replacement value the appropriate measure of damages rather than actual case value? Havas v. Atlantic Ins. Co., 95 Nev. 415, 596 P.2d, 246 (1979). here.  How can an insurance company avoid a waiver when it investigates a … [Read more...]

Accepting A Release Signed By The Attorney And Not The Claimant Presents Risks

The world is always in motion. And so are the people who inhabit it. Any more, people change homes and cars and jobs as often as they change their shirts. Plaintiffs’ attorneys occasionally encounter the problem of a lost client. They often learn that the client is missing when the insurance company extends an offer to settle. After the offer comes in, the Plaintiff’s attorney reaches out to the client to discuss the offer. It is then that the injured claimant cannot be found. … [Read more...]

An Auto Insurance Company Cannot Avoid Paying Up To The Minimum Liability Limits Even If The Defendants Fail To Cooperate

Saundra Torres was hurt when the car she was driving was hit by a car driven by Jario Perez-Castellano and owned by Adiel Mollinedo-Cruz.  The Mollinedo-Cruz vehicle was insured by Nevada Direct Insurance Company. After Answering the Complaint, Perez-Castellano and Mollinedo-Cruz ceased their participation in the litigation. Nevada Direct Insurance Company filed a Declaratory Relief Action against Perez-Castellano, Mollinedo-Cruz and Torres.  Nevada Direct hoped to avoid any further duty … [Read more...]

Improper Cancellation or Non-Renewal Can Be A Breach Of Contract And An Unfair Insurance Claims Settlement Practice

In 1989, the Reinkemeyers insured their home with Safeco.  Between 1989 and 1993, they submitted three homeowner’s insurance claims, none of which were their fault.  In 1994, Safeco told the Reikemeyers that it would not renew their policy. The Reinkemeyers sued alleging that Safeco had violated the provisions of NRS 687B.310 - .420.  In particular, they pointed to NRS 687B.385 which currently provides: NRS 687B.385 Cancellation, nonrenewal or increase in premium due to claims for which … [Read more...]

Does Nevada Follow The Made-Whole Doctrine In The Context of Auto Coverage?

A local insurance adjuster asks whether the “made-whole” doctrine applies in Nevada in the auto subrogation context.  This is one more great question the that is addressed by the Nevada Law Blogs.  However, as you will see, the answer is tremendously confusing. In 2005, the Nevada Supreme Court enthusiastically embraced the concept of the made-whole doctrine.  The case of Canfora v. Coast Hotels & Casinos, Inc., 121 Nev. 771, 121 P.3d 599 (2005) was a fight as to how much the Plaintiff’s … [Read more...]