John Lanza was hurt in a motor vehicle accident. He settled with the underlying tortfeasor and brought suit against his UIM carrier Progressive Direct. One issue was whether he would be allowed to claim future damages based upon headaches, neck pain and back pain. He wanted to recover for the future care he received. He said that he would have future pain and suffering. He also claimed that he would lose income based upon time lost at work while seeking that future care. When … [Read more...]
Damages For Future Medical Care Based On Subjective Injuries Requires Expert Support
October 25, 2023 by
It Is Not Bad Faith To Decline Coverage Where A Genuine Dispute Exists
April 6, 2023 by
The case of Arlitz v. GEICO Cas. Co., No. 2:19-cv-00743-CDS-DJA, 2022 U.S. Dist. LEXIS 211433 (D. Nev. Nov. 22, 2022) involves a Son, a Father and a Motorcycle Passenger. The Son loaned his automobile to his Father. The Father crashed the Son’s auto into the Plaintiff, who was a passenger on a motorcycle. Plaintiff sustained permanent brain injuries. The Son’s insurance was Mid-Century. The Motorcycle insurance was with Progressive Direct. The Father had insurance with GEICO. … [Read more...]
Nevada Hospital Liens Do Not Apply To UM Recoveries
November 18, 2019 by
Kathryn Boyer was hurt in a motor vehicle accident with an uninsured driver. Following the accident, she received treatment at Washoe Medical Center. Kathryn had planned ahead and purchased uninsured motorist coverage with Reliance Insurance Company. Reliance paid Kathryn UM benefits in spite of a Hospital Lien that had been served by Washoe Medical Center. When Washoe Medical Center learned about the payment, it sought to foreclose the lien against Reliance hoping to recover the amount … [Read more...]
An Auto Insurance Company’s Refusal To Pay Claim, Standing Alone, Is Not Bad Faith
June 10, 2019 by
Ashley 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. … [Read more...]
Insurance Company Must Stack Multiple UM Coverages If The Anti-Stacking Language Is Not Clear.
March 21, 2019 by
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...]
