The story goes that back in the 19th century, some life insurance companies were not fond of paying claims. Apparently, after the insured died, life insurance companies would regularly investigate and if a misstatement was found in the application, would then deny the claims. According to Steven Rothschild of the LIFE Foundation, the various states responded by passing incontestability statutes. Absent outright fraud, or failure to pay premiums, these incontestability statutes limited the … [Read more...]
Investigating Death During A Life Policy’s Contestability Period Is Not Bad Faith
February 25, 2014 by
As Between Intentional And Negligent Joint Tortfeasors, The Negligent Tortfeasor Is Severally Liable While The Intentional Tortfeasor Is Liable Both Jointly And Severally.
February 11, 2014 by
According to its web site, CAFE MODA is the “Hottest Local Filipino Spot In Las Vegas”. A few years back, things got hotter than expected when Palma and Richards got into a fight while on the cafe’s premises. Richards stabbed Palma. Palma sued Richards and Cafe Moda. At the civil trial, the jury found both Richards and the cafe liable for Palma’s injuries, Palma for the intentional tort of assault and the cafe for negligence. The jury apportioned damages at 80% to Richards and 20% to Cafe … [Read more...]
A Nevada Insurance Company Does Not Commit Bad Faith By Simply Denying A Claim
February 4, 2014 by
Luck was not with Jose Montes. He was hurt in a very serious motor accident. He was hospitalized for six weeks and spent 46 weeks at home recovering. Lucky for Mr. Montes he had purchased an accident insurance policy through agent Bank of America from insurer National Union Fire Insurance Company. Unlucky though because when he made claim for benefits under the policy his claim was denied. He believed that the insurance should have paid and that the exceptions to coverage were fraudulently … [Read more...]
A Policyholder Cannot Prevail Under NRS 686A.310(f) Unless There Has Been An “Ultimate Recovery”
January 30, 2014 by
Hartford’s policyholder was hurt in two separate accidents, once in 2009 and then again in 2010. She collected policy limit settlements from each tortfeasor. She then turned to Hartford, her UIM carrier. She demanded a policy limit settlement for each accident. When the parties could not agree on the value of either claim, the policyholder sued Hartford for breach of contract, bad faith and violations of Nevada's Unfair Claims Settlement Practices Act. (UCSPA). Mueller v. Prop. and Cas. Ins. … [Read more...]
UIM Bad Faith Damages Do Not Include Those Bodily Injury Damages That Are In Excess Of Both The Liability And The UIM Policy Limits
January 28, 2014 by
Mr. Bartlett had a dispute with his insurance company. He disagreed with the insurance company’s valuation of his underinsured motorist case. Bartlett sued the tortfeasor and got a judgment against him that was in excess of the torfeasor’s liability limits and in excess of Bartlett’s own underinsured (UIM) motorist coverage With the judgment in hand, Bartlett filed a suit against his UIM carrier for bad faith. Bartlett v. State Farm Mut. Auto. Ins., Case No. IP01-0510-C-HG, (D.C. Ind., Nov. … [Read more...]
