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...]
When Must Insurance Companies Involve The Insured In Settlement Negotiation?
January 12, 2011 by
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...]
Straight From The Annals Of “Only In Vegas”
January 4, 2011 by
In the last few years, the Las Vegas Convention and Visitor’s authority has run a promotion that claims that what happens in Vegas stays in Vegas. When they wrote that line, I guess the Convention Authority forgot the events of 20 years ago at the “Tailhook Convention”. Not only did the shenanigans (and worse) that transpired at that event get huge airplay and result in significant political fallout, it also generated legal opinions. For those of you who are too old or too young to … [Read more...]
