Gidget Swanson claimed injury from a motor vehicle accident. She said that a red car hit her from behind and pushed her into the car ahead of her. She said that the red car drove away and was never identified. She presented an uninsured motorist claim to her auto insurance company Acuity. The claim was not resolved and went to trial. At trial, a jury found Acuity liable for compensatory damages in the amount of $150,000. The jury said that Acuity had breached its contract with Ms. … [Read more...]
A Witness Not Timely Disclosed Cannot Be Used At Trial Unless The Failure To Disclose Is Substantially Justified
January 8, 2024 by
It Is Not Bad Faith To Decline Coverage Where A Genuine Dispute Exists
April 6, 2023 by
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
February 20, 2023 by
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...]
In Deciding Whether To Settle A Claim, The Insurance Company Must Give As Much Consideration To The Interests Of Its Insured As It Gives To Its Own Interests
November 27, 2019 by
The former patient of a Las Vegas doctor sued him. In their suit, the patient and his wife claimed that the doctor had misdiagnosed a cancerous tumor. When it came time to talk settlement, the Plaintiffs demanded a settlement in excess of the policy limit. However, the Plaintiffs said that they would accept the policy limit to resolve the case. When the malpractice claim did not settle, the doctor sued his insurance company Medical Insurance Exchange. The doctor alleged that the … [Read more...]
An Auto Insurance Company’s Refusal To Pay Claim, Standing Alone, Is Not Bad Faith
June 10, 2019 by
Ashley Aiello filed suit against her auto carrier Geico General Insurance Company. She alleged that she was hurt when an unidentified driver struck her car and fled the scene. She said that she filed an uninsured motorist claim with Geico. She filed suit when as she alleged Geico refused to pay her UM benefits. Aiello’s suit included causes of action for breach of contract and bad faith. In Aiello v. Geico Gen. Ins. Co., No. 2:19-cv-00610-APG-VCF, 2019 U.S. Dist. LEXIS 84191 (D. Nev. … [Read more...]
