Strategies, Challenges, and Answers

It Is Not Bad Faith To Decline Coverage Where A Genuine Dispute Exists

The case of Arlitz v. GEICO Cas. Co., No. 2:19-cv-00743-CDS-DJA, 2022 U.S. Dist. LEXIS 211433 (D. Nev. Nov. 22, 2022) involves a Son, a Father and a Motorcycle Passenger.  The Son loaned his automobile to his Father.  The Father crashed the Son’s auto into the Plaintiff, who was a passenger on a motorcycle.  Plaintiff sustained permanent brain injuries.  The Son’s insurance was Mid-Century.  The Motorcycle insurance was with Progressive Direct.  The Father had insurance with … [Read more...]

No Bad Faith Where There Is A Reasonable Dispute As To Coverage

Gary Lewis had a minimum limits auto policy with United Automobile Insurance Company.  UAIC notified Lewis that the policy was going to lapse.  Lewis took no action and made no payment until July 10, 2007.  However that payment was made ten days after he was supposed to have sent payment according to the renewal notice and two days after Lewis hit and seriously injured minor pedestrian Cheyanne Nalder.When Cheyanne Nalder’s father sued Lewis in behalf of his daughter, UAIC did not step … [Read more...]

Nevada Joins Club Cumis

In State Farm Mut. Auto. Ins. Co. v. Hansen, 131 Nev. 743, 357 P.3d 338 (2015), the Nevada Supreme Court adopted the independent counsel model outlined by the California Court of Appeals in San Diego Federal Credit Union v. Cumis Ins. Society, Inc., 208 Cal. Rptr. 494, 506 (Ct. App. 1984), superseded by statute as stated in United Enters., Inc. v. Superior Court, 108 Cal. Rptr. 3d 25 (App 2010). In its opinion issued on September 24, 2015, the Nevada Supreme Court said that an insurance company … [Read more...]

Happy New Year

May 2020 bring new opportunities, success at every step and countless reasons to celebrate!We wish you health and prosperity in the coming year and beyond.Happy New Year! … [Read more...]

Seasons Greetings

I really enjoy this time of year.  It means that I get to spend more time with my family and splurge eating some foods that I would otherwise shun.I hope that all of the readers of the Nevada Law Blogs will also be sipping something warm, eating a little too much and staying safe out of the weather.  Most importantly, I hope that you all will be sharing this wonderful Season with those you love.From all of us to all of you, have a Happy Holiday.  … [Read more...]