Strategies, Challenges, and Answers

Nevada Court Finds That The Graves Amendment Preempts NRS 482.305.

The Nevada Law Blogs have written a lot about Rental Car Liability and the Graves Amendment.  Those posts need an update as a result of the Findings of Fact, Conclusions of Law and Judgment entered in Avalos v. Estate of Cunningham et al, Eighth Jud. … [Continue reading]

Excess Policy vs. Umbrella Policy: What Is The Difference?

Often the terms Umbrella Insurance and Excess Insurance are used interchangeably.  Is there a difference?  What is it?Let’s start with primary insurance.  Primary insurance is the first layer of insurance.  Primary insurance provides immediate … [Continue reading]

It Is Not Bad Faith To Decline Coverage Where A Genuine Dispute Exists

Bad Faith

The case of Arlitz v. GEICO Cas. Co., No. 2:19-cv-00743-CDS-DJA, 2022 U.S. Dist. LEXIS 211433 (D. Nev. Nov. 22, 2022) involves a Son, a Father and a Motorcycle Passenger.  The Son loaned his automobile to his Father.  The Father crashed the Son’s … [Continue reading]

No Bad Faith Where There Is A Reasonable Dispute As To Coverage

Nalder

Gary Lewis had a minimum limits auto policy with United Automobile Insurance Company.  UAIC notified Lewis that the policy was going to lapse.  Lewis took no action and made no payment until July 10, 2007.  However that payment was made ten days … [Continue reading]

Nevada Joins Club Cumis

In State Farm Mut. Auto. Ins. Co. v. Hansen, 131 Nev. 743, 357 P.3d 338 (2015), the Nevada Supreme Court adopted the independent counsel model outlined by the California Court of Appeals in San Diego Federal Credit Union v. Cumis Ins. Society, Inc., … [Continue reading]