In the case of State Farm Mut. Auto. Ins. Co. v. Hansen, 131 Nev. 743, 357 P.3d 338 (2015), the Nevada Supreme Court determined that where the assigned insurance defense attorney encountered a conflict of interest between the duties owed to the insured and to the insurance company, the insured had the right to request independent counsel who, going forward, would be allowed to control the defense. But shy of pulling that trigger, how much say does the insured have regarding the control the … [Read more...]
Nevada Allows Right Of Reimbursement Of Defense Costs
June 12, 2023 by
In 2019, Nevada Coverage Law asked whether Nevada would follow the California case of Buss v. Superior Court, 16 Cal. 4th 35, 49, 939 P.2d 766 (1997) and allow Nevada insurance companies the right to seek reimbursement for uncovered defense cost. We said that Nevada often looks to California for direction on topics of law not yet addressed in Nevada. See Zurich Am. Ins. Co. v. Coeur Rochester, Inc., 720 F. Supp. 2d 1223, 1234 n. 11; see also Commercial Standard Ins. Co. v. Tab Constr., 94 Nev. … [Read more...]
The Immense Sacrifice Of Our Fallen Heroes Must Always Be Remembered . . .
May 23, 2023 by
“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...]
