Strategies, Challenges, and Answers

By Paying The Undisputed Amount, Can An Insurance Carrier Conquer A Claim For Punitive Damages?

In a recent Order entered in the case of Nelson v. Safeco Ins. Co. of Ill., 2:10-CV-241 JCM (LRL) (Mar. 8, 2011) the U.S. District Court for the District of Nevada considered a motion for summary judgment filed by the insurer.  That case involved an underinsured motorist claim (UIM).  The liability carrier had paid its limit.  Safeco, the UIM carrier, then conceded coverage, evaluated the claim and paid the undisputed amount.  When plaintiff filed suit, he alleged three causes of action breach … [Read more...]