Most auto insurance policies include a provision that allows the insurance company and the insured to arbitrate first party disputes. However, attempts to compel arbitration under auto insurance contracts are forbidden in Nevada: NRS 690B.017 … [Continue reading]
Inadequate Limits? What Not To Do. . .
Insurance companies regularly ask Mills & Associates for advice on how to handle claims where policy limits are inadequate, either because the injuries are severe or because there’s just not enough money to satisfy the multiple claimants. The … [Continue reading]
By Paying The Undisputed Amount, Can An Insurance Carrier Conquer A Claim For Punitive Damages?
In a recent Order entered in the case of Nelson v. Safeco Ins. Co. of Ill., 2:10-CV-241 JCM (LRL) (Mar. 8, 2011) the U.S. District Court for the District of Nevada considered a motion for summary judgment filed by the insurer. That case involved an … [Continue reading]
Must An Insurance Company Immediately Pay The “Undisputed Amount”?
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 … [Continue reading]
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
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 … [Continue reading]