Nevada law authorizes auto insurance companies to avoid stacking their uninsured / underinsured motorist coverage. But before a court will enforce a policy’s anti-stacking provision the company must meet three requirements. See Neumann v. Standard Fire Ins. Co. of Hartford, Conn., 699 P.2d 101, 103 (Nev. 1985). The three requirements are: (1) Clarity; (2) Prominence; and, (3) The insured cannot have paid full premiums on each of the separate risks covered by the … [Read more...]
State Farm Tries To Dodge The Single Shot Fired By The Policyholder That Nevada Follows California’s Cumis Rule
February 11, 2015 by
The Nevada Law Blogs are documenting the drama that plays itself out on the stage of the Nevada Supreme Court. This particular drama focuses on whether an insurance company can be obliged to pay the fees of an attorney hired by the policyholder because of an alleged conflict between the interest of the insurance company and its policyholder. We described this epic show down comparing it to an old west gunfight. We introduced the characters and the issues HERE and HERE. We outlined the … [Read more...]
Homebuilders, With Their Own Axe To Grind, Argue That Independent Counsel Should Be Required Upon Issuance Of Every Reservation Of Rights Letter
January 26, 2015 by
The Southern Nevada’s Homebuilders Association says that the insurance industry is doing its members wrong by not giving them independent counsel. They file an amicus brief with the Nevada Supreme Court and hope that amidst all this gunfire between the parties that their axe grinding will be heard too. The Homebuilders Association lobbies for Southern Nevada’s home builders. However, according to the Association’s brief, the homebuilders don’t really “build” the homes themselves. Rather, the … [Read more...]
Dr. Martin Luther King Jr. Had a Dream . . .
January 18, 2015 by
As our nation celebrates Martin Luther King’s birthday, let us reflect on a few of his words. "I say to you today, my friends, so even though we face the difficulties of today and tomorrow, I still have a dream. It is a dream deeply rooted in the American dream. I have a dream that one day this nation will rise up and live out the true meaning of its creed: 'We hold these truths to be self-evident: that all men are created equal.' I have a dream that one day on the red hills of Georgia … [Read more...]
Ambiguous State Farm UM Coverage Allows Wife To Recover For Separate Emotional Distress Caused By Witnessing Husband’s Death
January 12, 2015 by
Mrs. Brewington rode her motorcycle a little behind Mr. Brewington on State Highway 49 in California. An oncoming rider crossed the center line striking Mr. Brewington and ejecting him from his bike. Mrs. Brewington witnessed the collision, stopped and called for assistance. Mr. Brewington died on the way to the hospital with Mrs. Brewington by his side. The negligent rider had no liability insurance. However, the Brewingtons had UM coverage with their motorcycle carrier State Farm in the … [Read more...]
