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Nevada Supreme Court Reaffirms Limits On Emotional Distress Claims

A common motivator of many bad faith plaintiffs is anger.  The insured's feelings are hurt because he or she feels that the claim was improperly handled.  Usually that anger translates into a cause of action for emotional distress.The Nevada Supreme Court reaffirmed its position regarding the level of proof necessary to successfully prosecute an emotional distress claim in the recent case of Betsinger v. D.R. Horton, 126 Nev. Adv. Op. 17, 232 P.3d 433, (May 27, 2010).  In that case, the … [Read more...]