Avoid the Allegation That You Have Protected One Insured to the Detriment of Another Every day, insurance adjusters see claims where the insured has not purchased enough liability insurance to cover the loss. In many instances, the injured party will accept payment of the policy limit and release the claim, even though he has not been fully compensated. There are other times where the plaintiff won’t accept the policy limit and will try to recover the excess value of the claim by filing suit … [Read more...]
Nevada Adopts the Manifestation Rule in First Party Property Cases involving Progressive Damage.
May 24, 2013 by
In 1977, the Jacksons bought a home. Over time, small cracks appeared in the walls. The Jackson's investigating engineer said that the home had suffered structural damage because of negligent construction. The Jackson's homeowner policy was with State Farm. State Farm disagreed with the Jacksons. State Farm said that the loss was from earth movement. The State Farm policy in place at the time the Jacksons reported the damage excluded coverage for both negligent construction and earth … [Read more...]
Nevada Considers Coverage Issues Arising From The Loading And Unloading Of Commercial Trucks And Trailers.
May 7, 2013 by
The year is 1964. A construction truck pulls up to the dock at Richfield Oil Corporation in Las Vegas, Nevada. The driver of the truck hopes to load fuel that he can haul to a construction site where his equipment is operating. Mr. Spink is the guy working the dock. He is the one who is going to load the fuel on the truck. He pulls the bung out of the fuel drum to begin the transfer of fuel from the drum to the container in the back of the truck. Fuel spews up and out of the drum. The … [Read more...]
For Purposes Of Policy Cancellation, One Percentage Point Can Make All The Difference In Deciding Whether The Driver Was “At Fault”
April 29, 2013 by
In Nevada, insurance companies cannot cancel, raise premiums or refuse to renew insurance policies where the insured was in an accident that was not his or her fault. The statute reads: N.R.S. 687B.385 Cancellation, nonrenewal or increase in premium due to claims for which insured was not at fault prohibited. An insurer shall not cancel, refuse to renew or increase the premium for renewal of a policy of motor vehicle insurance covering private passenger cars or commercial vehicles as a … [Read more...]
Under Nevada’s Wrongful Death Statute Where There Is Only One Decedent, There Is Only One “Each Person” Limit Available
April 17, 2013 by
Under Nevada’s Wrongful Death Statute, N.R.S. 41.085, the estate and multiple heirs can each make their own individual claims for damages. (If you are not familiar with the Wrongful Death details, please click the following link to the relevant Mills & Associates Nevada Insurance Law blog post: Wrongful Death In Nevada). Still there is the related coverage question of what portion of an applicable automobile policy limit is available to pay all these different Wrongful Death claimants. … [Read more...]
