Strategies, Challenges, and Answers

Nevada’s Absolute Liability Statute Does Not Create A Third-Party Bad Faith Claim.

We have previously written about Saundra Torres.  She was hurt when she was involved in an auto accident with a vehicle that was insured by Nevada Direct Insurance Company. She filed suit against Nevada Direct’s insureds Perez-Castellano and Mollinedo-Cruz.  For a time, Nevada Direct defended.  But after the insureds failed to cooperate, Nevada Direct withdrew its defense and filed a declaratory relief action.  In the declaratory relief action, Torres refused Nevada Direct’s offer to settle … [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...]

Nevada Supreme Court Enforces Choice Of Law Provision In Mississippi Auto Insurance Policy

Randall and Toni Faehnrich lived with their two sons in Mississippi.  The Faehnrich’s owned a Jeep.  Mr. and Mrs. Faehnrich divorced and Mrs. Faehnrich decided to move to Las Vegas.  After moving to Nevada but before changing the plates, registration and insurance, Toni Faehnrich crashed the Jeep.  The Faehnrich boys were hurt in the accident. Randall brought suit against his wife Toni in behalf of their injured sons.  In Nevada, it had been against public policy for a Nevada Auto Insurance … [Read more...]