Some states require policyholders to complete the litigation over the contract portion of a UM / UIM claim before a bad faith or unfair claims practices action can commence. Blanchard v. State Farm Mut. Auto. Ins. Co.,575 So.2d 1289, 1291 (Fla.1991) National Sav. Life Ins. Co. v. Dutton,419 So.2d 1357, 1362 (Ala.1982), Lexington Ins. Co. v. Royal Ins. Co. of Am.,886 F.Supp. 837, 841-42 (N.D.Fla.1995). Some states obligate the policyholder to go through arbitration before the bad faith claim … [Read more...]
Many Nevada Judges Allow UM / UIM Breach Of Contract And Extra-Contractual Causes Of Action To Proceed Simultaneously In The Same Suit
June 22, 2012 by
Must An Insurance Company Immediately Pay The “Undisputed Amount”?
June 7, 2011 by
Our insurance company clients have asked the following question: “Where a first-party claim is involved, does the carrier have to immediately pay the claimant the amount at which the carrier values the claim? Or can it in good faith refuse payment until the parties reach a resolution of the dispute as to value?” The answer to that question always starts with a review of the regulations. Nevada Administrative Code 686A.675 reads as follows: 7. Except for a claim involving health insurance, … [Read more...]
A Dispute As To The Value Of A UM/UIM Claim Does Not Constitute A Breach Of The Implied Covenant Of Good Faith And Fair Dealing
May 24, 2011 by
Insurance companies have felt the burden of the economic downturn as insured’s have reduced their liability coverage or eliminated their coverage completely. Where the coverage of a tortfeasor is insufficient to compensate an injured party, that party often turns to his/her own insurer’s UM/UIM policy to close the gap. It is this relationship which has increasingly given rise to claims for breach of the implied covenant of good faith and fair dealing, commonly referred to by Plaintiff’s counsel … [Read more...]
Got Questions?
August 17, 2010 by
These posts on the Mills & Associates Nevada Coverage & Bad Faith Law blog are published to provide useful insights on Nevada insurance law to our clients and other subscribers. Many times the topics are suggested by recent case law, or issues raised by litigation.As part of our ongoing effort to provide both timely and helpful information, we invite all our readers to submit issues which they would like to see addressed in future blog posts.Likewise, please submit questions … [Read more...]
