Just like in fast food, the rental car industry trains its sales agents to pitch an “add on” purchase at the “point of sale”. But instead of selling French fries, the rental car agents try to sell you insurance. This specialty insurance might include protection against damage to the rental car or supplemental insurance over and above the insurance that the renter already has. Rent a car specific insurance offerings are sometimes called Collision Damage Waiver, Renter’s Liability Insurance or … [Read more...]
Do You Want Fries With That? Rental Car Insurance Options Beyond The Rental Car Desk
How Much Information Does a “Claims-Made” Carrier Need to Receive During the Policy Period to Trigger Coverage?
The dentist had a lot of explaining to do. The authorities had arrested him for drug trafficking and had charged him with distribution of cocaine. The dental board had received complaints that he was using cocaine and was giving it to his patients. The board even suspended his license. His malpractice insurance company was aware of all of these allegations of malfeasance during the coverage period of his “claims-made-and-reported” policy. The one thing that the insurance company did not … [Read more...]
Nevada’s Unfair Claims Settlement Practices Act Does Not Create A Third-Party Private Right Of Action
Nevada is one of a handful of states that creates a private right of action for violations of its Unfair Claims Settlement Practice Act, NRS 686A.310. Subsection (2) of the statute provides that “an insurer is liable to its insured for any damages sustained by the insured as a result of the commission of any act set forth in subsection 1 as an unfair practice.” Third-party claimants have asked whether this private right of action extends to them. The answer from the Nevada Supreme Court is a … [Read more...]
Nevada Does Not Recognize Third-Party Bad Faith
Greg Gunny claimed that his father Ralph negligently operated his boat and injured him. Greg wasn’t happy with the speed at which his father’s insurance, Allstate, was handling the claim. Greg Gunny sued Allstate directly for bad faith. In the case of Gunny v. Allstate Ins. Co., 108 Nev. 344, 830 P.2d 1335 (1992) the Nevada Supreme Court addressed the question of whether the third-party son had a cause of action for bad faith directly against his father’s insurance company. The Nevada … [Read more...]
When An Accident Happens Out Of The State, Which State’s Law Governs?
Tourists love Las Vegas!!! Many tourists come here to see the hotels, the casinos and the shows. But after a while the hotels, casinos and shows all start to look alike. So tourists are known to rent cars and go wandering the Wild West to take in the natural wonders just a few hours from town, including Death Valley in California, the Grand Canyon in Arizona and Zion National Park in Utah. That’s a lot of travel across many state lines. So when an accident happens outside of Nevada in a Las … [Read more...]