In an earlier post HERE, we explained how the Nevada Supreme Court reconciled the conflict it found between Nevada’s Compulsory Automobile Liability Insurance Law, NRS 485.185, and an auto policy’s household exclusion. A few years later, the Nevada Supreme Court encountered the same type of conflict in a Uninsured / Underinsured Motorist setting. Like liability coverage, Nevada UM/UIM coverage has a compulsory element as well. As we explained in an earlier POST, Nevada auto insurance … [Read more...]
The Nevada Supreme Court Reconciles Conflicts Between Nevada’s UM/UIM Law And An “Owned But Uninsured” Exclusion
March 8, 2013 by
Household Exclusion Conflicts With Nevada’s Compulsory Auto Insurance Law. Nevada Supreme Court Allows Insurer To Enforce Exclusion And Prevent Payments In Excess Of Compulsory Minimum Limits
February 28, 2013 by
An adjuster recently wrote to the Nevada Law Blogs asking if there would be insurance coverage to pay a mother for the wrongful death of her child who died as a result of the negligence of her husband, the deceased child’s father. This question focuses on the household exclusion found in many auto policies. Household exclusions attempt to eliminate coverage when one member of the household sues another for negligence. At least in the Nevada auto realm, the answer to this question is found in … [Read more...]
U.S. District Court For Nevada Refuses To Dismiss Extra-Contractual Claims Even Though It Finds There Is No Coverage
February 18, 2013 by
Mr. Turk was a builder. His companies and others built the Rancho del Norte Villas. The construction was supposed to comply with the Fair Housing Act. It didn’t. The Disabled Rights Action Coalition sued Turk and a number of others for the alleged violations. Turk turned to several insurance policies that he thought should cover him. After various attempts to get a response, he filed for declaratory relief. Ultimately, the court determined that there was no coverage under any of the … [Read more...]
Two For The Price Of One! Mike Mills Authors Two Articles That Appear In The Most Recent Issue Of DRI’s Covered Events Newsletter.
February 9, 2013 by
Mike Mills’s article on the care, custody or control exclusion found in the general liability form policy was featured on DRI’s Covered Events online newsletter in 2013 Issue 1. If you are interested in Mike’s conclusions on this interesting insurance coverage issue, you can read the article HERE. In addition, Mike’s report on the recent Nevada Supreme Court case of Physicians Ins. Co. v. Williams, 128 Nev. Adv. Op. 30, 279 P.3d 174 (2012) can be found in the same issue HERE. Keep an eye … [Read more...]
U.S. District Court For Nevada Enforces Criminal And Intentional Acts Exclusion In Homeowner’s Policy
February 1, 2013 by
Mr. Nolte might not have anticipated the consequences of his action. He probably didn't intend to send Ms. Mucinski to the hospital But that is exactly where she ended up when he hit or pushed her causing her to fall and strike her head. She was rendered unconscious and suffered a hematoma, a fractured eye socket and a head contusion. Ultimately, Nolte plead guilty to "battery with substantial bodily injury." Ms. Mucinski filed a civil suit seeking damages in state court. Mr. Nolte's … [Read more...]
