Most auto insurance policies include a provision that allows the insurance company and the insured to arbitrate first party disputes. However, attempts to compel arbitration under auto insurance contracts are forbidden in Nevada: NRS 690B.017 provides: NRS 690B.017 Provisions for arbitration not binding. No provision for arbitration contained in an automobile liability or motor vehicle liability insurance policy delivered, issued for delivery or renewed in this State is binding upon the … [Read more...]
A Dispute As To The Value Of A UM/UIM Claim Does Not Constitute A Breach Of The Implied Covenant Of Good Faith And Fair Dealing
May 24, 2011 by
Insurance companies have felt the burden of the economic downturn as insured’s have reduced their liability coverage or eliminated their coverage completely. Where the coverage of a tortfeasor is insufficient to compensate an injured party, that party often turns to his/her own insurer’s UM/UIM policy to close the gap. It is this relationship which has increasingly given rise to claims for breach of the implied covenant of good faith and fair dealing, commonly referred to by Plaintiff’s counsel … [Read more...]
When Must Insurance Companies Involve The Insured In Settlement Negotiation?
January 12, 2011 by
Most insurance contracts provide insurance companies with the right to negotiate and settle disputed liability claims. In most cases, negotiations and settlements happen without the involvement of the insured. Many times, a single initial contact with the insured may be all that is needed by the insurance company to open, process and settle a claim. In fact, it is my guess that in most cases, the insured is only a peripheral part of any settlement. However, there are circumstances when the … [Read more...]
Mills & Associates Accepts Invitation To Join Council On Litigation Management
November 2, 2010 by
Mills & Associates is proud to announce that it has accepted the nomination to join the Council on Litigation Management. For those unfamiliar with the organization, CLM is dedicated to improving the principles and practices of litigation management. Members and Fellows of the Council include representatives of the insurance industry as well as nominated attorneys . Some of the areas of interest of the organization include Alternative Dispute Resolution, Commercial Litigation, … [Read more...]
Got Questions?
August 17, 2010 by
These posts on the Mills & Associates Nevada Coverage & Bad Faith Law blog are published to provide useful insights on Nevada insurance law to our clients and other subscribers. Many times the topics are suggested by recent case law, or issues raised by litigation. As part of our ongoing effort to provide both timely and helpful information, we invite all our readers to submit issues which they would like to see addressed in future blog posts. Likewise, please submit questions … [Read more...]
