Strategies, Challenges, and Answers

For Purposes Of Policy Cancellation, One Percentage Point Can Make All The Difference In Deciding Whether The Driver Was “At Fault”

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?

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...]

Breach Of Insurance Contract And Bad Faith Claims Do Not Have To Be Brought In the Same Lawsuit . . . Sometimes

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

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...]

Dram Shop Wonderland

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...]