Mr. Gregory had a motorcycle. It was a piece of work. The tires were bald. The front tire was underinflated. The rear tire was overinflated. Mr. Gregory loaned the motorcycle to his son Jimmey. But to be safe, Mr. Gregory gave his son a couple of modified helmets.Jimmey was taking Phillip Senteney on a ride on the bike. Jimmey crashed. Phillip was hurt.Mr. Gregory had motorcycle insurance with $100,000 in liability coverage. Phillip Senteney’s dad was not satisfied. He refused … [Read more...]
U.S. District Court For Nevada Enforces Criminal And Intentional Acts Exclusion In Homeowner’s Policy
February 1, 2013 by
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...]
The Nevada Supreme Courth Finds An Earth Movement Exclusion To Be Ambiguous And Unenforceable
August 14, 2012 by
In the 2011 case of Powell v. Liberty Mutual Fire Ins. Co., 127 Nev. Adv. Op 14, 252 P.3d 668 (2011) the Nevada Supreme Court struck down the insurance company’s “earth movement” exclusion as ambiguous and unenforceable.In light of an earlier federal case, the outcome was something of a surprise. In the earlier case of Schroeder v. State Farm Fire and Cas. Co., 770 F.Supp. 558 (1991) the court considered facts very similar to those raised in the Powell decision. The opinion recites those … [Read more...]
