Most insurance contracts provide insurance companies with the right to negotiate and settle disputed liability claims. In most cases, negotiations and settlements happen without the involvement of the insured. Many times, a single initial contact with the insured may be all that is needed by the insurance company to open, process and settle a claim. In fact, it is my guess that in most cases, the insured is only a peripheral part of any settlement. However, there are circumstances when the … [Read more...]
Breach Of Insurance Contract And Bad Faith Claims Do Not Have To Be Brought In the Same Lawsuit . . . Sometimes
October 7, 2009 by
Often we see breach of insurance contract and bad faith claims included in the same complaint. However, have you ever wondered if the two causes of action must be brought together? The case of Pulley v. Preferred Risk Mut. Ins. Co., 111 Nev. 856, 897 P.2d 1101 (1995) tells us that that breach of contract and bad faith suits are distinct and can be brought either together or separately. In Pulley, the Plaintiffs filed their UM claims with the insurance carrier. They were unable to reach a … [Read more...]
Then There Are Other Times When Breach Of The Insurance Contract And Bad Faith Actions Must Be Brought In The Same Suit
May 21, 2009 by
In an earlier post HERE, we discussed a Nevada Supreme Court opinion where the court said that a claim for Breach of the Insurance Contract, and Bad Faith did not need to be brought in the same suit. However, based upon different facts, other courts have said that the Bad Faith and Breach of Contract suits must be filed in the same action. In the case of Sosebee v. State Farm Mut. Auto. Ins. Co., 164 F.3d 1215 (9th Cir. 1999), the court ruled that a Plaintiff, who brought a Breach of Contract … [Read more...]
Links To Additional Blog Posts Of Interest
March 28, 2009 by
On another Mills and Associates blog, we recently posted a few items which you may find of interest. For the convenience of our Nevada Coverage and Bad Faith Law Blog readers, here are the topics and links. Peremptory Challenge: When to consider and how to request a different judge Respondeat Superior: Vicarious liability through negligent acts of employees Negligent Hiring: Viable cause of Action in Nevada? If you have any questions related to these or other issues of Nevada law, … [Read more...]
Dram Shop Wonderland
February 6, 2009 by
The post "DRAM SHOP WONDERLAND" originally appearing here has been moved to the Nevada Insurance Law blog. The post may be viewed by clicking HERE. For convenience, ALL posts related to Nevada Dram Shop Law may be viewed by following this link: Nevada Dram Shop Law … [Read more...]
