Regular readers of this blog may want to jump in and immediately answer that an insurance company cannot rescind auto coverage post-accident. We learned that principle in the blog post HERE about Torres v. Nev. Direct Ins. Co., 131 Nev. 531, 353 P.3d 1203, 2015 Nev. LEXIS 61 (2015). That is because Nevada's Financial Responsibility Law , NRS 485.3091 imposes compulsory coverage after the accident has happened. In the Torres case, the court ruled that the breach of the insured’s duty to … [Read more...]
Nevada’s Absolute Liability Statute Does Not Create A Third-Party Bad Faith Claim.
March 7, 2018 by
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...]
An Auto Insurance Company Cannot Avoid Paying Up To The Minimum Liability Limits Even If The Defendants Fail To Cooperate
December 8, 2015 by
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...]
