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...]
An Heir Cannot Recover Wrongful Death Damages From His Or Her Own Personal Underinsured Motorist Policy If That Heir Suffered No Bodily Injury In The Fatal Accident
May 13, 2011 by
Deborah Fackett’s mother died from injuries she received in a car crash. Deborah was not involved in the crash. She suffered no physical trauma. Deborah’s car was in no way involved in the accident. Nevertheless, as her mother’s legal heir, Deborah qualified to pursue a claim against the tortfeasor under Nevada’s Wrongful Death Statute (N.R.S. 41.085). For a brief overview of Wrongful Death in Nevada see HERE.Deborah filed a claim with the tortfeasor’s carrier and it paid its policy … [Read more...]
