Gidget Swanson claimed injury from a motor vehicle accident. She said that a red car hit her from behind and pushed her into the car ahead of her. She said that the red car drove away and was never identified. She presented an uninsured motorist claim to her auto insurance company Acuity. The claim was not resolved and went to trial.
At trial, a jury found Acuity liable for compensatory damages in the amount of $150,000. The jury said that Acuity had breached its contract with Ms. Swanson, that it had breached its covenant of good faith and fair dealing and that it had violated Nevada’s Unfair Claims Practices Act, NRS 686A.310(1). The jury also found that Acuity acted with oppression, fraud or malice with respect to its handling of the claim.
During the punitive damages phase of the trial, Plaintiff’s attorney called as a witness an attorney from its office. That attorney was first identified as a witness the night before trial. Acuity objected on numerous grounds, but the attorney was allowed to testify, without giving Acuity the requested opportunity to take the deposition of the attorney.
