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
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
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.
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...]
Nevada’s Auto Liability Compulsory Insurance Minimums Have Risen
I have been practicing law in Nevada for nearly 30 years. For as long as I can remember, Nevada has required autos registered in this state to have bodily injury automobile liability insurance of at least $15,000 per person / $30,000 per occurrence. The minimum automobile liability limit for property damages has been set at $10,000 per occurrence. NRS 485.185 and NRS 485.3091. That changed on July 1, 2018. An increase in the minimum limits took effect. On that date, the required bodily … [Read more...]