A common motivator of many bad faith plaintiffs is anger. The insured's feelings are hurt because he or she feels that the claim was improperly handled. Usually that anger translates into a cause of action for emotional distress.The Nevada Supreme Court reaffirmed its position regarding the level of proof necessary to successfully prosecute an emotional distress claim in the recent case of Betsinger v. D.R. Horton, 126 Nev. Adv. Op. 17, 232 P.3d 433, (May 27, 2010). In that case, the … [Read more...]
Plain Vanilla Nevada Bad Faith
May 26, 2009 by
Farmers Home Mutual Ins. v. Fiscus, 102 Nev. 371, 725 P.2d 234, (1986) is a text book example of a straightforward bad faith suit. It all started out simply enough.The Fiscus family used an evaporative cooler to keep their Boulder City home tolerable during the long, hot Nevada summers. The cooler’s water supply line hooked into the pipe under the kitchen sink and ran up to the roof. While the Fiscus family was away on a three-week summer vacation, the cooler’s supply line became … [Read more...]
