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...]
A Breach of Nevada’s Unfair Claims Settlement Practices Act Does Not Amount To Bad Faith Per Se
August 8, 2013 by
U.S. District Court For Nevada Refuses To Dismiss Extra-Contractual Claims Even Though It Finds There Is No Coverage
February 18, 2013 by
Mr. Turk was a builder. His companies and others built the Rancho del Norte Villas. The construction was supposed to comply with the Fair Housing Act. It didn’t. The Disabled Rights Action Coalition sued Turk and a number of others for the alleged violations.Turk turned to several insurance policies that he thought should cover him. After various attempts to get a response, he filed for declaratory relief. Ultimately, the court determined that there was no coverage under any of the … [Read more...]
Five Things Every Lawyer Should Know . . . About Nevada’s Unfair Claims Settlement Practices Act
January 12, 2013 by
Mike Mills’ article on Nevada’s Unfair Claims Settlement Practices Act appeared in the January 2013 edition of the Communique magazine. Mike was honored to join other legal authorities who shared five important things about their respective areas of practice. Check out the five things that Mike believes you should know about NRS 686A.310 HERE and learn five things about five other areas of law as a bonus. … [Read more...]
Nevada’s Unfair Claims Settlement Practices Act Does Not Create A Third-Party Private Right Of Action
November 16, 2012 by
Nevada is one of a handful of states that creates a private right of action for violations of its Unfair Claims Settlement Practice Act, NRS 686A.310. Subsection (2) of the statute provides that “an insurer is liable to its insured for any damages sustained by the insured as a result of the commission of any act set forth in subsection 1 as an unfair practice.” Third-party claimants have asked whether this private right of action extends to them. The answer from the Nevada Supreme Court is a … [Read more...]
Insured Claimants Have A Private Right Of Action Against An Individual Nevada Licensed Independent Adjuster For A Violation Of The Nevada Unfair Claims Settlement Practices Act
October 11, 2012 by
Nevada's Unfair Claims Practices Act (NRS 686A.310(2)) creates a private right of action against an "insurer" for violations of the act. Adjusters might believe that when Plaintiffs allege Unfair Claims Practice that they can point to the "insurer" as the only party who must answer for their violations.However, independent adjusters would be mistaken in their belief.Nevada Licensed Independent Adjusters are familiar with NRS Chapter 684A. That is the section of the law that details … [Read more...]
