Strategies, Challenges, and Answers

A Definition Of Accident

In virtually all liability policies, there must be an “occurrence” before there is coverage.  Many policies define an “occurrence” as an “accident”.  In other words, where there is no “accident”, there is no homeowner’s liability coverage.  But what if your policy does not define the term accident?  Perhaps you can do what the Nevada Supreme Court did in the case of Fire Ins. Exch. v. Cornell, 120 Nev. 303,  90 P.3d 978 (2004), namely, look in the dictionary.In that case, the Nevada Supreme … [Read more...]

Voluntary Intoxication Does Not Eliminate Intent

As excuses go, it is pretty well worn: “I was so drunk that I didn’t really mean to hurt anyone”.  But in cases involving voluntary intoxication, it hasn’t been a very successful excuse when argued to courts.  And it didn’t work before the Nevada Supreme Court either.In the case of Beckwith v. State Farm Cas. Co., 120 Nev. 23, 83 P.3d 275 (2004), the insured tries to takes this well worn excuse one step further.  The voluntarily intoxicated (but legally creative) insured said that he was so … [Read more...]