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...]
The Duty To Defend Continues Through The Entire Litigation
August 1, 2018 by
Once the duty to defend arises, the insurer's duty continues throughout the entire litigation. United Nat'l Ins. Co. v. Frontier Ins. Co., 120 Nev. 678, 687, 99 P.3d 1153, 1158 (Nev. 2004). The duty to defend continues until final resolution of the claim. Allstate Ins. Co. v. Miller, 125 Nev. 300, 309, 212 P.3d 318, 325 (2009). An insurance company may not terminate its duty to defend by depositing the insurance proceeds with the court when the policy terms are ambiguous as to whether the … [Read more...]
Nevada Supreme Court Enforces Employee Exclusion
November 9, 2017 by
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 Insured Can Seek A Broad Range Of Damages If An Insurer Wrongfully Fails To Defend
July 6, 2017 by
In Nevada, if an insurance company breaches its duty to defend, it can expect to face a wide array of possible damages If the insured takes up its own defense, the insurer can expect to pay the reasonable costs incurred by the insurer in the defense of the underlying action. Jaynes Corp. v. Am. Safety Indem. Co., 925 F. Supp. 2d 1095, 1111 (D. Nev. 2012) vacated due to settlement, No. 2:10-CV-00764-MMD, 2014 WL 8735102 (D. Nev. Dec. 3, 2014); see also Reyburn Lawn & Landscape Designers … [Read more...]
