Nevada’s definition of “insurance fraud” is very broad. NRS 686A.2815. Some may think that it requires presenting papers or evidence to an insurer in order to commit fraud. However, those people would be incorrect. Fraud can include concealing information or omitting information material to an insurance matter. Id. at (1)-(3). A person who knowingly provides false or misleading information as part of an insurance application is committing fraud. Id. at (1). However, it is fraud to not … [Read more...]
Archives for June 2017
When Will Nevada Allow An Insurer The Right Of Recoupment?
June 19, 2017 by
We know that the duty to defend is broader than the duty to indemnify. Benchmark Ins. Co. v. Sparks, 254 P.3d 617, 620-21 (2011). We also know that once the duty to defend kicks in on one claim, the insurance company is obliged to defend the insured on all claims raised in the Complaint. Jaynes Corp. v. Am. Safety Indem. Co., 925 F. Supp. 2d 1095, 1103 (D. Nev., 2012) vacated due to settlement, No. 2:10-CV-00764-MMD, 2014 WL 8735102 (D. Nev. Dec. 3, 2014) A common example is the case where a … [Read more...]
