Mr. Alm bought his Homeowner’s Policy from Hartford Fire Ins. Co. He got sued for bodily injuries. The First Cause of Action of the Complaint alleged that the injury happened because of Mr. Alm’s negligence. But the Second Cause of Action alleged that the injury was a result of a violent and intentional assault on the part of Mr. Alm. Mr. Alm presented the suit to Hartford. Hartford admitted that it has insured Mr. Alm but it refused to defend him. The argument was that the claim for … [Read more...]
Nevada Court Finds That The Graves Amendment Preempts NRS 482.305.
April 24, 2023 by
The Nevada Law Blogs have written a lot about Rental Car Liability and the Graves Amendment. Those posts need an update as a result of the Findings of Fact, Conclusions of Law and Judgment entered in Avalos v. Estate of Cunningham et al, Eighth Jud. Dist. Ct. Case No. A-22-862769-C (Apr. 14, 2023). The Avalos case involves a woman who rented a vehicle from Budget Car and Truck Rental of Las Vegas. While driving the rented car, the renter was involved in a parking lot accident. Avalos … [Read more...]
Excess Policy vs. Umbrella Policy: What Is The Difference?
April 20, 2023 by
Often the terms Umbrella Insurance and Excess Insurance are used interchangeably. Is there a difference? What is it? Let’s start with primary insurance. Primary insurance is the first layer of insurance. Primary insurance provides immediate coverage upon an occurrence or a loss as described by the policy. Fireman's Fund Ins. Co. v. Md. Cas. Co., 65 Cal. App. 4th 1279, 1304, 77 Cal. Rptr. 2d 296, 311 (1998). Primary insurers generally have the primary duty of defense. Olympic Ins. … [Read more...]
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 Hedonic Damages Update
February 25, 2023 by
A recent Order in the Eighth Judicial District Court, Clark County, Nevada excluded the testimony of plaintiff economics expert Dr. Stan Smith regarding his opinions on the loss of enjoyment of life suffered by the Plaintiff. Order Granting Defendants Motion in Limine. Jones v. Kelly, Eighth Jud. Dist. Ct. Case No. A-19-803468-C (December 12, 2022). Plaintiff was injured in a motor vehicle accident. Plaintiff retained Dr. Stan Smith to provide opinions regarding the loss of household … [Read more...]
