In the case of Versatility, Inc. v. Capitol Indemnity. Corp., 2:10-CV-1942 JCM (PAL) slip op. (D. Nev. 2011) the U.S. District Court for Nevada explained that if injuries alleged in an underlying complaint arise from an excluded event, that failure to prevent the injury due to alleged negligent hiring or supervision are not covered either. Versatility was a drinking establishment. One of its patrons claimed that an employee assaulted him on the premises. The patron sued Versatility alleging … [Read more...]
If A Cause Of Action Is Not Specifically Excluded By The Policy, You May Have To Look To The Pleadings And The Alleged There To Decide If Coverage Extends To Those Actions
December 28, 2011 by
Speaker at DRI’s Insurance Coverage and Practice Symposium Suggests Looking “Off-Panel” For Qualified Local Coverage Counsel
December 26, 2011 by
I recently attended DRI’s Coverage and Practice Symposium in New York City. As usual, the site was exceptional and the presenters were extremely knowledgeable. Plus, who wouldn’t want to be in New York City during the Holiday Season? One of the presenters, Michael M. Marrik, Esq. raised an interesting question. He gave a top ten list of things that carriers should consider when handling coverage litigation nationwide. He specifically questioned the wisdom of relying exclusively on “panel … [Read more...]
Late Notice Bars An Insurance Claim Only If The Carrier Can Prove Prejudice
December 22, 2011 by
Insurance carriers want the earliest possible notice of any claim. Investigation of the claim will be most effectively done while memories are fresh and evidence is available. In addition, an insurance company must financially account and plan for its expected losses by setting proper financial reserves. So it is no wonder that virtually all insurance policies include provisions that obligate the insured to place the carrier on notice of a loss as soon as practicable. But what happens when … [Read more...]
Responding To The Anticipated Fallout Of The Haygood And Howell Opinions
December 20, 2011 by
No one is surprised when people who are hurt in accidents go to the doctor’s office for care. In the past, many went to doctors who provided them care through their group health insurance programs. These group healthcare providers usually have pre-negotiated reimbursement agreements with the group health insurance carriers. Those insurance carriers pay the providers a sum certain for each service provided. The pre-negotiated reimbursement agreements normally prevent the doctors from charging … [Read more...]
Can Plaintiff Discover An Insurance Company’s Involvement In A Prior Bad Faith Suit?
December 1, 2011 by
Evidence that an insurance company acted in bad faith in handling a specific claim may come from a variety of sources. Plaintiff’s attorneys may argue that the way the insurance company handled other claims is evidence that it acted in bad faith in the subject case. Those attorneys may point to other bad faith suits or verdicts against the company as evidence of bad faith in the way it handled this claim. Can such evidence be discovered? Is it admissible? The Nevada Supreme Court has not spoken … [Read more...]
