Most liability policies obligate the insurance company to defend its insured in case of a “suit”. So what proceedings constitute a “suit” that an insurer must defend? Assuming a duty to indemnify for damages based on a theory of liability put forth in the Complaint, the insurance company has a duty to defend such a lawsuit. State Farm Mut. Auto. Ins. Co. v. Hansen, 131 Nev. Adv. Op. 74, 357 P.3d 338 (2015). However, the Nevada Supreme Court has not faced a decision as to whether that duty … [Read more...]
Archives for September 2016
What Triggers An Insurer’s Duty To Defend In Nevada?
September 12, 2016 by
A primary insurer's right and duty to defend attaches upon notice of a demand and continues through the litigation to final resolution of the claim. Allstate Ins. Co. v. Miller, 125 Nev. 300, 309, 212 P.3d 318, 325 (2009).An insurer’s “duty to defend is broader than the duty to indemnify. In other words, as a general rule, an insurer's duty to defend is triggered whenever the potential for indemnification arises, and it continues until this potential for indemnification ceases." Benchmark … [Read more...]
