In a recent Order entered in the case of Nelson v. Safeco Ins. Co. of Ill., 2:10-CV-241 JCM (LRL) (Mar. 8, 2011) the U.S. District Court for the District of Nevada considered a motion for summary judgment filed by the insurer. That case involved an underinsured motorist claim (UIM). The liability carrier had paid its limit. Safeco, the UIM carrier, then conceded coverage, evaluated the claim and paid the undisputed amount. When plaintiff filed suit, he alleged three causes of action breach … [Read more...]
By Paying The Undisputed Amount, Can An Insurance Carrier Conquer A Claim For Punitive Damages?
July 1, 2011 by
Must An Insurance Company Immediately Pay The “Undisputed Amount”?
June 7, 2011 by
Our insurance company clients have asked the following question: “Where a first-party claim is involved, does the carrier have to immediately pay the claimant the amount at which the carrier values the claim? Or can it in good faith refuse payment until the parties reach a resolution of the dispute as to value?” The answer to that question always starts with a review of the regulations. Nevada Administrative Code 686A.675 reads as follows: 7. Except for a claim involving health insurance, … [Read more...]
