Strategies, Challenges, and Answers

An Auto Insurance Company’s Refusal To Pay Claim, Standing Alone, Is Not Bad Faith

refusal to pay is not bad faithAshley Aiello filed suit against her auto carrier Geico General Insurance Company.  She alleged that she was hurt when an unidentified driver struck her car and fled the scene.

She said that she filed an uninsured motorist claim with Geico.  She filed suit when as she alleged Geico refused to pay her UM benefits.  Aiello’s suit included causes of action for breach of contract and bad faith.

In Aiello v. Geico Gen. Ins. Co., No. 2:19-cv-00610-APG-VCF, 2019 U.S. Dist. LEXIS 84191 (D. Nev. May 20, 2019), the court ruled on Geico’s motion to dismiss the bad faith claim.  In her complaint Aiello alleged that Geico “performed in a manner that was unfaithful to the purpose of the contract formed by the Geico Policy.”  Id. at 5. [Continue reading]

The Immense Sacrifice Of Our Fallen Heroes Must Always Be Remembered . . .

“Was it worth it?”This is a question, sometimes politically-loaded, that is often asked of family members and war buddies of our Fallen Heroes.Marine Corps General John Kelly recently offered a unique perspective. A veteran of Iraq and … [Continue reading]

Only Family Members Can Recover For Negligent Infliction Of Emotional Distress

Negligent Infliction Of Emotional Distress

Plaintiff Kellie Grotts was injured and her fiancé was killed in a motor vehicle accident.  Kellie wanted to recover damages for Negligent Infliction of Emotional Distress (NIED).  The trial court said that as a matter of law, Kellie was not “closely … [Continue reading]

Property Damage Alone Is Not Enough To Give Rise To A Claim For Emotional Distress

Claim For Emotional Distress

Ms. Clough was drag racing when her car left the roadway and crashed into the front of the Smith’s house.The Smiths were at home but were in the back yard when they heard the crash.  They went around to the front and found the Clough car lodged … [Continue reading]

Nevada Allows Recovery For Prenatal Injuries

Prenatal Injuries

Dorothy White was hurt when the car in which she was riding was hit by a car driven by Henry Rup.  Not only was Ms. White injured but so was her unborn child.  In fact, the injuries were so serious that they caused the child’s death.Ms. White … [Continue reading]