Strategies, Challenges, and Answers

A Witness Not Timely Disclosed Cannot Be Used At Trial Unless The Failure To Disclose Is Substantially Justified

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. … [Read more...]

It Is Not Bad Faith To Decline Coverage Where A Genuine Dispute Exists

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...]

An Auto Insurance Company’s Refusal To Pay Claim, Standing Alone, Is Not Bad Faith

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...]

Ambiguous State Farm UM Coverage Allows Wife To Recover For Separate Emotional Distress Caused By Witnessing Husband’s Death

Mrs. Brewington rode her motorcycle a little behind Mr. Brewington on State Highway 49 in California. An oncoming rider crossed the center line striking Mr. Brewington and ejecting him from his bike. Mrs. Brewington witnessed the collision, stopped and called for assistance. Mr. Brewington died on the way to the hospital with Mrs. Brewington by his side. The negligent rider had no liability insurance. However, the Brewingtons had UM coverage with their motorcycle carrier State Farm in the … [Read more...]

The Statute Of Limitations For An Underinsured Motorist Claim Does Not Start To Run Until The Carrier Has Been Called On To Satisfy Its Duties Under The Policy And Has Failed To Do So

Most lawyers can recite by memory the number of years available under statute to bring certain types of lawsuits.  In Nevada, the statutes of limitation are found in Chapter 11 of the Nevada Revised Statutes. Since insurance policies are contracts, the right to bring an action for breach of a policy is generally limited to six years.  See NRS 11.190(1)(a).  In Grayson v. State Farm Mut. Auto. Ins., 971 P.2d 798 (1998) the Nevada Supreme Court faced the question of the when this six-year … [Read more...]