In a POST earlier this year, we recited the general rule that when a truck is pulling a load for a motor carrier, the motor carrier’s policy is responsible to provide insurance. The inverse of that general rule is that when the truck is not in the business of a motor carrier, normally the non-trucking (otherwise known as bobtail insurance) is the responsible insurance carrier.The case of United Fin. Cas. Co. v. Country Wide Ins. Co., No. 18-3022, 2019 U.S. App. LEXIS 19581 (2d Cir. July 1, … [Read more...]
What The Heck Is An Automobile Operator’s Insurance Policy?
The State of Nevada compels automobile drivers to have insurance. You can learn more about Nevada’s Compulsory Insurance Law HERE.There are two ways to satisfy the compulsory insurance requirement.Most people are familiar with the Nevada law that requires the OWNER of a motor vehicle to continuously maintain insurance. This “Owner’s” coverage is the type of insurance that most people are familiar with.However, Nevada law allows for an alternative way to satisfy the compulsory … [Read more...]
Nevada’s Absolute Liability Statute Does Not Create A Third-Party Bad Faith Claim.
We have previously written about Saundra Torres. She was hurt when she was involved in an auto accident with a vehicle that was insured by Nevada Direct Insurance Company.She filed suit against Nevada Direct’s insureds Perez-Castellano and Mollinedo-Cruz. For a time, Nevada Direct defended. But after the insureds failed to cooperate, Nevada Direct withdrew its defense and filed a declaratory relief action. In the declaratory relief action, Torres refused Nevada Direct’s offer to settle … [Read more...]
Nevada’s Auto Liability Compulsory Insurance Minimums To Increase
I have been practicing law in Nevada for nearly 30 years. For as long as I can remember, Nevada has required autos registered in this state to have bodily injury automobile liability insurance of at least $15,000 per person / $30,000 per occurrence. The minimum automobile liability limit for property damages has been set at $10,000 per occurrence. NRS 485.185 and NRS 485.3091.That is due to change on July 1, 2018. An increase in the minimum limits is set to take effect. On that date, the … [Read more...]
An Auto Insurance Company Cannot Avoid Paying Up To The Minimum Liability Limits Even If The Defendants Fail To Cooperate
Saundra Torres was hurt when the car she was driving was hit by a car driven by Jario Perez-Castellano and owned by Adiel Mollinedo-Cruz. The Mollinedo-Cruz vehicle was insured by Nevada Direct Insurance Company.After Answering the Complaint, Perez-Castellano and Mollinedo-Cruz ceased their participation in the litigation.Nevada Direct Insurance Company filed a Declaratory Relief Action against Perez-Castellano, Mollinedo-Cruz and Torres. Nevada Direct hoped to avoid any further duty … [Read more...]