Strategies, Challenges, and Answers

When Is A UM/UIM Provider Bound By A Judgment Against The Tortfeasor?

Lucky for John Pietrosh, his parents bought UM/UIM coverage as part of their Allstate auto insurance policy.  Not so lucky for John, one day in July 1966, he was riding his bike when an uninsured driver hit and injured him.His parents reported the accident to their Allstate agent.  The agent responded that the family was “fully covered” and that it would “take care of the whole thing”.The Pietrosh family sued the uninsured driver and sent notice of the suit to Allstate.  Allstate did not … [Read more...]

When Is It Too Late For A UM/UIM Carrier To Intervene In The Underlying Litigation?

Eric and Erwin Lopez were hurt when a negligent and underinsured driver hit their car.  They sued the driver.  As discovery progressed, Eric and Erwin convinced the driver to settle.  However, they would not give the negligent driver a release.  Instead, they offered the driver a Covenant Not to Execute against him in excess of his bodily injury liability limits.  The negligent and underinsured driver accepted.  The bodily injury liability limits were paid and the Covenant provided.  However, … [Read more...]

May I Cut In? Intervening In Nevada

There are times when an insurance company may find it necessary to jump into the fray.  If a lawsuit is ongoing and the insurance company is not party to that suit, the carrier can try to intervene in the suit that’s already filed, rather than rather than file a separate action.  Intervention is allowed under Rule 24 of the Nevada Rules of Civil Procedure and under N.R.S. 12.130.Intervention may be appropriate in several situations.  A common situation is where an injured Plaintiff sues an … [Read more...]