Strategies, Challenges, and Answers

Archives for December 2008

Avoiding Insurance Coverage Based On Misrepresentation Or Fraud In The Application

Courts always struggle when they are asked to deny insurance coverage. The reason for the struggle is simple. Carriers argue that they should not have to insure a loss where the insured provided misleading facts in the application. However, the insureds point out that insurance carriers have accepted their premiums and the insureds have operated under the impression that the coverage sought had been provided.Misrepresentations or fraud in the application can be the basis for avoiding … [Read more...]

Dude, Where’s My Car?

Bailment in NevadaLas Vegas, Nevada has a greater proportionate share of valet services than any other large city in the county and probably the world.  Where else can you have a company park your car for free with the only expectation in return is a buck or two when your car is returned in the same condition that it left your hands.  What happens though, when the valet can’t find your car?  Or if it comes back with damage that was not there when you handed over your keys?  These are classic … [Read more...]