The team at Bauman, Loewe, Witt & Maxwell and the Nevada Law Blogs wish all of our clients, friends, business associates and readers a very safe and extremely enjoyable Labor Day Holiday!In 1894 Labor Day was designated a federal holiday to be celebrated on the first Monday in September. The force of American labor has contributed to the high standard of living which we enjoy in the United States.That’s why each year we pay tribute on Labor Day to the creators of so much of our … [Read more...]
Archives for 2019
Bobtail Insurer Did Not Wait Too Long To Disclaim Coverage
July 9, 2019 by
In a POST earlier this year, we recited the general rule that when a truck is pulling a load for a motor carrier, the motor carrier’s policy is responsible to provide insurance. The inverse of that general rule is that when the truck is not in the business of a motor carrier, normally the non-trucking (otherwise known as bobtail insurance) is the responsible insurance carrier.The case of United Fin. Cas. Co. v. Country Wide Ins. Co., No. 18-3022, 2019 U.S. App. LEXIS 19581 (2d Cir. July 1, … [Read more...]
CELEBRATE INDEPENDENCE DAY !
July 1, 2019 by
The team at Bauman, Loewe, Witt & Maxwell and the Nevada Law Blogs wish all of our clients, friends, business associates and readers a very safe and extremely enjoyable Independence Day Holiday!As we celebrate the July 4, 1776 signing of the Declaration of Independence, let’s reflect on a few important words from that life altering document: We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, … [Read more...]
An Auto Insurance Company’s Refusal To Pay Claim, Standing Alone, Is Not Bad Faith
June 10, 2019 by
Ashley Aiello filed suit against her auto carrier Geico General Insurance Company. She alleged that she was hurt when an unidentified driver struck her car and fled the scene.She said that she filed an uninsured motorist claim with Geico. She filed suit when as she alleged Geico refused to pay her UM benefits. Aiello’s suit included causes of action for breach of contract and bad faith.In Aiello v. Geico Gen. Ins. Co., No. 2:19-cv-00610-APG-VCF, 2019 U.S. Dist. LEXIS 84191 (D. Nev. … [Read more...]
Insurance Company Must Stack Multiple UM Coverages If The Anti-Stacking Language Is Not Clear.
March 21, 2019 by
Farmers issued two separate auto policies to the Torres family. Both policies included uninsured coverage.The Torres daughter was injured when a moped on which she was a passenger crashed. There was no coverage on the moped so Mr. Torres turned to her parent’s auto policy for UM coverage.The company admitted coverage and paid one of the two UM coverages. However, it argued that it owed no duty to stack the policies because of the anti-stacking provision in an Endorsement. The trial … [Read more...]
