Strategies, Challenges, and Answers

Ambiguous Additional Named Insured Endorsement Causes Employers Liability Carrier To Pay Bodily Injury Damages To Employee

Clark Lift West, Inc. employed Mr. Pierce.  One of Clark Lift’s clients was Southern Wine & Spirits.  While servicing a Southern Wine and Spirits conveyor belt, Pierce slipped on a piece of cardboard that was lying on the floor at the Southern Wine plant.  Pierce fell onto the conveyor belt and was hurt.Pierce sued Southern Wine for negligently allowing the cardboard to be on the floor.  Southern Wine’s liability had liability coverage issued by Federal Insurance Company.  Clark Lift had … [Read more...]

Inadequate Limits? What Not To Do. . .

Insurance companies regularly ask Mills & Associates for advice on how to handle claims where policy limits are inadequate, either because the injuries are severe or because there’s just not enough money to satisfy the multiple claimants.  The case of Benchmark v. Sparks, 127 Nev. Adv. Op. 33, 254 P.3d 617 (2011) all but does away with one option that has been popular with the insurance companies, that of interpleader.The court explained that the Benchmark policy included a provision … [Read more...]

An Heir Cannot Recover Wrongful Death Damages From His Or Her Own Personal Underinsured Motorist Policy If That Heir Suffered No Bodily Injury In The Fatal Accident

Deborah Fackett’s mother died from injuries she received in a car crash.  Deborah was not involved in the crash.  She suffered no physical trauma.  Deborah’s car was in no way involved in the accident.  Nevertheless, as her mother’s legal heir, Deborah qualified to pursue a claim against the tortfeasor under Nevada’s Wrongful Death Statute (N.R.S. 41.085).  For a brief overview of Wrongful Death in Nevada see HERE.Deborah filed a claim with the tortfeasor’s carrier and it paid its policy … [Read more...]

Is An Intentional Acts Exclusion Ambiguous And Unenforceable Against A Co-Insured For Allegations Of Failure To Supervise The Intentional Actor?

As reported HERE, the Nevada Supreme Court concluded in the case of Fire Ins. Exch. v. Cornell, 120 Nev. 303, 90 P.3d 978 (2004), that a homeowner’s carrier had no duty to defend or indemnify the parents of an adult child who committed statutory sexual seduction against allegations that the parents negligently supervised the adult son.  In that case, the policy did not just exclude coverage for the intentional actor.  The policy language was broader.  The policy said that that there would be no … [Read more...]

Is Arson An Excludable Act Of Vandalism?

The real estate market in Las Vegas is struggling.  Due to foreclosures and owners walking away from their loans there are many unoccupied single family homes.  When wear and tear happens to unoccupied properties, delayed discovery can exacerbate the situation.  Even worse, unoccupied properties can be intentionally damaged by people.  Arson is one of those risks.Homeowner’s Insurance companies recognize these increased risks and will often try to limit their exposure related to intentional … [Read more...]