Strategies, Challenges, and Answers

Archives for March 2019

Insurance Company Must Stack Multiple UM Coverages If The Anti-Stacking Language Is Not Clear.

Farmers issued two separate auto policies to the Torres family.  Both policies included uninsured coverage. The Torres daughter was injured when a moped on which she was a passenger crashed.  There was no coverage on the moped so Mr. Torres turned to her parent’s auto policy for UM coverage. The company admitted coverage and paid one of the two UM coverages.  However, it argued that it owed no duty to stack the policies because of the anti-stacking provision in an Endorsement. The trial … [Read more...]

Issue Preclusion Prevents Heir From Relitigating Issue Wrongful Death Case

Sarah Alcantara’s dad died following an assault in a Wal-Mart parking lot. Sarah was a minor.  Sarah’s mom hired an attorney to recover from Wal-Mart.  The attorney filed suit for the wrongful death of Sarah’s dad. NRS 41.085 provides that intestate heirs can recover for wrongful death and recover for their grief or sorrow, loss of probable support, companionship, society, comfort and consortium, and damages for pain, suffering or disfigurement of the decedent. NRS 41.085(4).  Sarah was … [Read more...]