Strategies, Challenges, and Answers

Where An Insurance Company Breaches Its Duty To Defend, It Can Be Liable For An Excess Verdict Even If The Company Did Not Act In Bad Faith

Ryan Pretner suffered critical injuries when he was hit by a truck driven by Michael Vasquez.  Mr. Vasquez’s truck was covered by two auto policies, his personal policy, and his business auto policy.  His personal insurance with Progressive had a limit of $100,000 per person.  His commercial auto policy with Century Surety Company had a $1,000,000 limit.Century Surety conducted an investigation and determined that Mr. Vasquez was not in the course and scope of his business as an auto … [Read more...]

A Tale of Two Lawsuits.

It was the best of times for Nevada Direct Insurance Company. It was the worst of times for injured parties Michael and Sharon Smith.You see, the Smiths were hurt in an auto accident with a Nevada Direct policyholder Kuperman. Nevada Direct tried unsuccessfully to enlist Kuperman's cooperation in dealing with the Smiths’ claim. When Kuperman failed to cooperate, Nevada Direct filed a declaratory relief action against Kuperman, the Smiths and another injured party, Ms. Fields claiming the … [Read more...]