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...]
In Deciding Whether To Settle A Claim, The Insurance Company Must Give As Much Consideration To The Interests Of Its Insured As It Gives To Its Own Interests
November 27, 2019 by
The former patient of a Las Vegas doctor sued him. In their suit, the patient and his wife claimed that the doctor had misdiagnosed a cancerous tumor. When it came time to talk settlement, the Plaintiffs demanded a settlement in excess of the policy limit. However, the Plaintiffs said that they would accept the policy limit to resolve the case. When the malpractice claim did not settle, the doctor sued his insurance company Medical Insurance Exchange. The doctor alleged that the … [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...]
Where An Insurance Company Breaches Its Duty To Defend, It Can Be Liable For An Excess Verdict Even If The Company Did Not Act In Bad Faith
February 5, 2019 by
Ryan Pretner suffered critical injuries when he was hit by a truck driven by Michael Vasquez. Mr. Vasquez’s truck was covered by two auto policies, his personal policy, and his business auto policy. His personal insurance with Progressive had a limit of $100,000 per person. His commercial auto policy with Century Surety Company had a $1,000,000 limit. Century Surety conducted an investigation and determined that Mr. Vasquez was not in the course and scope of his business as an auto … [Read more...]
A Tale of Two Lawsuits.
June 1, 2016 by
It was the best of times for Nevada Direct Insurance Company. It was the worst of times for injured parties Michael and Sharon Smith. You see, the Smiths were hurt in an auto accident with a Nevada Direct policyholder Kuperman. Nevada Direct tried unsuccessfully to enlist Kuperman's cooperation in dealing with the Smiths’ claim. When Kuperman failed to cooperate, Nevada Direct filed a declaratory relief action against Kuperman, the Smiths and another injured party, Ms. Fields claiming the … [Read more...]
