On November 21, 1980, a devastating fire swept through the MGM Grand Hotel in Las Vegas, Nevada. The fire killed 85 people and injured more than 700. A complete copy of the Clark County Fire Report can be downloaded HERE.At the time, the Grand Hotel Gift Shop served the guests of the hotel. Fire destroyed the Shop resulting in damage of almost $1,000,000 including lost fixtures, inventory and business interruption. The Gift Shop sued its insurance agent and its insurer Granite State … [Read more...]
At Renewal, An Insurer Must Give Adequate Notice Of Intended Policy Changes. Otherwise, The Policy Renews Under The Prior Terms
July 8, 2014 by
Nevada Supreme Court Enforces Choice Of Law Provision In Mississippi Auto Insurance Policy
April 8, 2014 by
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...]
Nevada Allows Policyholders To Sue Certain Managing General Agents and Third-Party Administrators For Bad Faith
March 18, 2014 by
An agent who acts for a disclosed principal is not liable for commitments made by the agent in the principal’s behalf. See ALI’s Restatement (Second) of Agency § 320 (1958). In the field of insurance, managing general agents, third-party administrators and independent adjusters have regularly shielded themselves from claims of bad faith brought by policyholders’ against the insurance company for which that agent works. But that rule of hornbook law is beginning to erode following insurance … [Read more...]
As Between Intentional And Negligent Joint Tortfeasors, The Negligent Tortfeasor Is Severally Liable While The Intentional Tortfeasor Is Liable Both Jointly And Severally.
February 11, 2014 by
According to its web site, CAFE MODA is the “Hottest Local Filipino Spot In Las Vegas”. A few years back, things got hotter than expected when Palma and Richards got into a fight while on the cafe’s premises. Richards stabbed Palma. Palma sued Richards and Cafe Moda. At the civil trial, the jury found both Richards and the cafe liable for Palma’s injuries, Palma for the intentional tort of assault and the cafe for negligence. The jury apportioned damages at 80% to Richards and 20% to Cafe … [Read more...]
A Breach of Nevada’s Unfair Claims Settlement Practices Act Does Not Amount To Bad Faith Per Se
August 8, 2013 by
Good Faith Gone Bad In United States Fidelity & Guaranty Co. v. Peterson, 91 Nev. 617, 540 P.2d 1070 (1975) the Nevada Supreme Court allowed a common law action by an insured against his insurer for a breach of the implied covenant of good faith and fair dealing, commonly called “bad faith”. In order to sustain a bad faith claim, the plaintiff must prove that: 1) The insurer denied or refused to pay an insured’s claim; 2) The insurer had no reasonable basis to deny or refuse to pay … [Read more...]
