“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...]
Mixed Claims? Defend as to One, Defend as to All
May 3, 2023 by
Mr. Alm bought his Homeowner’s Policy from Hartford Fire Ins. Co. He got sued for bodily injuries. The First Cause of Action of the Complaint alleged that the injury happened because of Mr. Alm’s negligence. But the Second Cause of Action alleged that the injury was a result of a violent and intentional assault on the part of Mr. Alm.Mr. Alm presented the suit to Hartford. Hartford admitted that it has insured Mr. Alm but it refused to defend him. The argument was that the claim for … [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...]
When Will Nevada Allow An Insurer The Right Of Recoupment?
October 3, 2019 by
We know that the duty to defend is broader than the duty to indemnify. Benchmark Ins. Co. v. Sparks, 254 P.3d 617, 620-21 (2011). We also know that once the duty to defend kicks in on one claim, the insurance company is obliged to defend the insured on all claims raised in the Complaint. Jaynes Corp. v. Am. Safety Indem. Co., 925 F. Supp. 2d 1095, 1103 (D. Nev., 2012) vacated due to settlement, No. 2:10-CV-00764-MMD, 2014 WL 8735102 (D. Nev. Dec. 3, 2014) A common example is the case where a … [Read more...]
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
February 5, 2019 by
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...]
