“Was it worth it?”This is a question, sometimes politically-loaded, that is often asked of family members and war buddies of our Fallen Heroes.Marine Corps General John Kelly recently offered a unique perspective. A veteran of Iraq and Afghanistan himself, General Kelly lost his youngest son, First Lieutenant Robert Kelly, while conducting combat operations in Helmand Province in 2010.General Kelly was asked if the loss was worth it by a reporter with National Public Radio. He said, … [Read more...]
Nevada’s Absolute Liability Statute Does Not Create A Third-Party Bad Faith Claim.
We have previously written about Saundra Torres. She was hurt when she was involved in an auto accident with a vehicle that was insured by Nevada Direct Insurance Company.She filed suit against Nevada Direct’s insureds Perez-Castellano and Mollinedo-Cruz. For a time, Nevada Direct defended. But after the insureds failed to cooperate, Nevada Direct withdrew its defense and filed a declaratory relief action. In the declaratory relief action, Torres refused Nevada Direct’s offer to settle … [Read more...]
Nevada Supreme Court Enforces Employee Exclusion
Pacific Clay Products makes concrete pipes. Pacific Clay Products tells its driver, Mr. Wambolt, to deliver a load of concrete pipes to Ace Plumbing & Heating in Las Vegas, Nevada.When Mr. Wambolt arrives in Las Vegas, he needs a forklift to unload the pipes. Lucky for Wambolt, Ace Plumbing & Heating has a forklift available. Ace rented it from A-1 Inland Rentals. Sadly for Wambolt, the forklift is defective. The forklift seat is broken causing Wamblot injury. Wambolt sues A-1 … [Read more...]
An Auto Insurance Company Cannot Avoid Paying Up To The Minimum Liability Limits Even If The Defendants Fail To Cooperate
Saundra Torres was hurt when the car she was driving was hit by a car driven by Jario Perez-Castellano and owned by Adiel Mollinedo-Cruz. The Mollinedo-Cruz vehicle was insured by Nevada Direct Insurance Company.After Answering the Complaint, Perez-Castellano and Mollinedo-Cruz ceased their participation in the litigation.Nevada Direct Insurance Company filed a Declaratory Relief Action against Perez-Castellano, Mollinedo-Cruz and Torres. Nevada Direct hoped to avoid any further duty … [Read more...]
Bad Faith Set-Up Fail!
Chau caused an auto accident that killed the opposing driver Benjamin Buenaventura. Chau reported the accident to the Nevada affiliate of AAA. Less than a month later, the attorney for the claimant sent a time limit policy limit demand to AAA. To meet the demand, AAA would have to pay the entire $100,000 each person limit to Clara Buenaventura within two weeks and driver Chau would have to certify that there was no other insurance. … [Read more...]