Often we see breach of insurance contract and bad faith claims included in the same complaint. However, have you ever wondered if the two causes of action must be brought together? The case of Pulley v. Preferred Risk Mut. Ins. Co., 111 Nev. 856, 897 P.2d 1101 (1995) tells us that that breach of contract and bad faith suits are distinct and can be brought either together or separately. In Pulley, the Plaintiffs filed their UM claims with the insurance carrier. They were unable to reach a … [Read more...]
Breach Of Insurance Contract And Bad Faith Claims Do Not Have To Be Brought In the Same Lawsuit . . . Sometimes
October 7, 2009 by
Never Say Never
September 21, 2009 by
Why it may be ill advised for an insurance company to say that it will never go off panel to assign work to insurance defense attorneys... Recently, Mills & Associates logged into a webcast sponsored by an insurance industry organization. The webcast’s expert panel was convened to discuss how defense attorneys could better improve the “insurance defense relationship”. As I listened to the panel members, it was reinforced to me how much insurance companies like to follow predetermined … [Read more...]
Plain Vanilla Nevada Bad Faith
May 26, 2009 by
Farmers Home Mutual Ins. v. Fiscus, 102 Nev. 371, 725 P.2d 234, (1986) is a text book example of a straightforward bad faith suit. It all started out simply enough. The Fiscus family used an evaporative cooler to keep their Boulder City home tolerable during the long, hot Nevada summers. The cooler’s water supply line hooked into the pipe under the kitchen sink and ran up to the roof. While the Fiscus family was away on a three-week summer vacation, the cooler’s supply line became … [Read more...]
Then There Are Other Times When Breach Of The Insurance Contract And Bad Faith Actions Must Be Brought In The Same Suit
May 21, 2009 by
In an earlier post HERE, we discussed a Nevada Supreme Court opinion where the court said that a claim for Breach of the Insurance Contract, and Bad Faith did not need to be brought in the same suit. However, based upon different facts, other courts have said that the Bad Faith and Breach of Contract suits must be filed in the same action. In the case of Sosebee v. State Farm Mut. Auto. Ins. Co., 164 F.3d 1215 (9th Cir. 1999), the court ruled that a Plaintiff, who brought a Breach of Contract … [Read more...]
