Good Faith Gone Bad In United States Fidelity & Guaranty Co. v. Peterson, 91 Nev. 617, 540 P.2d 1070 (1975) the Nevada Supreme Court allowed a common law action by an insured against his insurer for a breach of the implied covenant of good faith and fair dealing, commonly called “bad faith”. In order to sustain a bad faith claim, the plaintiff must prove that: 1) The insurer denied or refused to pay an insured’s claim; 2) The insurer had no reasonable basis to deny or refuse to pay … [Read more...]
A Breach of Nevada’s Unfair Claims Settlement Practices Act Does Not Amount To Bad Faith Per Se
August 8, 2013 by
For Purposes Of Policy Cancellation, One Percentage Point Can Make All The Difference In Deciding Whether The Driver Was “At Fault”
April 29, 2013 by
In Nevada, insurance companies cannot cancel, raise premiums or refuse to renew insurance policies where the insured was in an accident that was not his or her fault. The statute reads: N.R.S. 687B.385 Cancellation, nonrenewal or increase in premium due to claims for which insured was not at fault prohibited. An insurer shall not cancel, refuse to renew or increase the premium for renewal of a policy of motor vehicle insurance covering private passenger cars or commercial vehicles as a … [Read more...]
What Is The Extent Of Coverage In A Parental Liability Automobile Case?
January 24, 2013 by
In a recent post on our Nevada Insurance Law blog, we discussed how the person (usually a parent) who signs a minor’s driver’s license can be vicariously liable for the minor’s conduct. In the case of United Services Auto. Ass’n v. Crandall, 95 Nev. 334, 594 P.2d 704 (1979), the Nevada Supreme Court gives some direction as to how it will handle coverage in sticky parental liability cases.In Crandall, the father had signed the driver’s license of his 16-year-old daughter. The daughter took … [Read more...]
A Finding Of Bad Faith Does Not Automatically Entitle The Policyholder To An Award Of Attorney’s Fees
March 26, 2012 by
Does a finding of bad faith trigger entitlement to an award of attorney’s fees? In Nevada, the answer is no. This issue was addressed in the 2007 case of Merrick v. Paul Revere Life Ins. Co., 500 F.3d 1007 (9th Cir., 2007).Paul Revere Life and co-defendant Unum Provident denied Merrick’s disability insurance claim. Merrick filed suit alleging breach of contract and of the duty of good faith and fair dealing. Applying Nevada law under the doctrine of Erie Railroad v. Tompkins, 304 U.S. 64 … [Read more...]
Parents Are statutorily Liable For Damages Willfully Caused By Their Minor Children Up To $10,000, But Are Those Damages Covered?
March 20, 2012 by
As a practice, when a minor causes damage or injury, the plaintiff will name as defendants both the minor and the parents. There are a variety of theories under which the parents can be held liable for the minor’s acts. See HERE for example. If the minor’s acts appear to have been intentional, one of theory of recovery is a Nevada statute. N.R.S. 41.470 imposes limited vicarious liability on parents whose minor children willfully cause damage to others. The statute reads: NRS … [Read more...]
