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...]
Celebrate Law Day 2011
May 1, 2011 by
Gerald Ford said “Our constitution works. Our great republic is a government of laws, not of men.” Andrew Jackson said “The great can protect themselves, but the poor and humble require the arm and shield of the law. “ Republican or Democrat, all acknowledge that the USA is a nation of laws. In these times of political unrest it is important to remember this country is founded on the rule of law. During the cold war the USSR celebrated May 1 with parades emphasizing military might, and … [Read more...]
Underlying Policy Need Not Be Exhausted For Insured To Claim UIM Benefits
April 26, 2011 by
Almost universally, Underinsured Motorist policies require that the insured exhaust the underlying liability policy before he or she can make claim for the Underinsured Motorist benefits. In the cases of Mann v. Farmers Ins. Exchange, 108 Nev. 648, 836 P.2d 620 (1992) and Shaw v. Continental Ins. Co., 108 Nev. 928, 840 P.2d 592 (1992) the Nevada Supreme Court considered the question of whether such provisions were enforceable. In the Mann case, the Plaintiff was injured in an accident … [Read more...]
Is An Intentional Acts Exclusion Ambiguous And Unenforceable Against A Co-Insured For Allegations Of Failure To Supervise The Intentional Actor?
April 7, 2011 by
As reported HERE, the Nevada Supreme Court concluded in the case of Fire Ins. Exch. v. Cornell, 120 Nev. 303, 90 P.3d 978 (2004), that a homeowner’s carrier had no duty to defend or indemnify the parents of an adult child who committed statutory sexual seduction against allegations that the parents negligently supervised the adult son. In that case, the policy did not just exclude coverage for the intentional actor. The policy language was broader. The policy said that that there would be no … [Read more...]
Is Arson An Excludable Act Of Vandalism?
March 29, 2011 by
The real estate market in Las Vegas is struggling. Due to foreclosures and owners walking away from their loans there are many unoccupied single family homes. When wear and tear happens to unoccupied properties, delayed discovery can exacerbate the situation. Even worse, unoccupied properties can be intentionally damaged by people. Arson is one of those risks. Homeowner’s Insurance companies recognize these increased risks and will often try to limit their exposure related to intentional … [Read more...]
