Strategies, Challenges, and Answers

Nevada Allows Policyholders To Sue Certain Managing General Agents and Third-Party Administrators For Bad Faith

An agent who acts for a disclosed principal is not liable for commitments made by the agent in the principal’s behalf.  See ALI’s Restatement (Second) of Agency § 320 (1958).  In the field of insurance, managing general agents, third-party … [Continue reading]

Investigating Death During A Life Policy’s Contestability Period Is Not Bad Faith

The story goes that back in the 19th century, some life insurance companies were not fond of paying claims.  Apparently, after the insured died, life insurance companies would regularly investigate and if a misstatement was found in the application, … [Continue reading]

As Between Intentional And Negligent Joint Tortfeasors, The Negligent Tortfeasor Is Severally Liable While The Intentional Tortfeasor Is Liable Both Jointly And Severally.

According to its web site, CAFE MODA is the “Hottest Local Filipino Spot In Las Vegas”.  A few years back, things got hotter than expected when Palma and Richards got into a fight while on the cafe’s premises.  Richards stabbed Palma.  Palma sued … [Continue reading]

A Nevada Insurance Company Does Not Commit Bad Faith By Simply Denying A Claim

Luck was not with Jose Montes.  He was hurt in a very serious motor accident.  He was hospitalized for six weeks and spent 46 weeks at home recovering.  Lucky for Mr. Montes he had purchased an accident insurance policy through agent Bank of America … [Continue reading]

A Policyholder Cannot Prevail Under NRS 686A.310(f) Unless There Has Been An “Ultimate Recovery”

Hartford’s policyholder was hurt in two separate accidents, once in 2009 and then again in 2010.  She collected policy limit settlements from each tortfeasor.  She then turned to Hartford, her UIM carrier. She demanded a policy limit settlement for … [Continue reading]