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Century Surety Co. V. Andrew, 134 Nev. Adv. Op. 100 (Dec. 13, 2018) (En Banc), Austin Maul
Century Surety Co. V. Andrew, 134 Nev. Adv. Op. 100 (Dec. 13, 2018) (En Banc), Austin Maul
Nevada Supreme Court Summaries
The Court held that when an insurer breaches its contractual duty to defend the insured, the insurer’s liability is not capped at the policy limits plus the insured’s defense costs; an insurer may be liable for any consequential damages caused by its breach. Moreover, whether the insurer acted in good-faith is irrelevant for determining the damages for a breach of this duty.
Khoury V. Seastrand, 132 Nev. Adv. Op. 52 (July 28, 2016), Ronni Boskovich
Khoury V. Seastrand, 132 Nev. Adv. Op. 52 (July 28, 2016), Ronni Boskovich
Nevada Supreme Court Summaries
The Court considered three consolidated appeals from a district court judgment, pursuant to a jury verdict, and post-judgment orders awarding costs and denying a new trial in a personal injury action. While the Court addressed numerous issues, the following three questions comprised the bulk of the consolidated appeals: (1) whether an attorney may ask prospective jurors questions concerning a specific verdict amount to determine potential bias or prejudice; (2) whether repeatedly asking questions about that specific amount results in jury indoctrination warranting a mistrial; and (3) when a district court abuses its discretion in dismissing jurors for cause under Jitnan …
State Farm Mut. Auto. Ins. Co. V. Hansen, 131 Nev. Adv. Op. 74 (Sept. 24, 2015), Kristen Matteoni
State Farm Mut. Auto. Ins. Co. V. Hansen, 131 Nev. Adv. Op. 74 (Sept. 24, 2015), Kristen Matteoni
Nevada Supreme Court Summaries
Under Nevada law, an insurer is required to provide independent counsel of the insured choosing when a conflict of interest arises between the insured and the insurer. A reservation of rights fails to create a per se conflict of interest. Instead, the courts must analyze on a case-by-case basis whether an actual conflict exists. Only if an actual conflict exists, must an insurer be obligated to provide the insured with independent counsel.
Summary Of Federal Insurance Co. V. Coast Converters, Inc., 130 Nev. Adv. Op. 95, Christian Spaulding
Summary Of Federal Insurance Co. V. Coast Converters, Inc., 130 Nev. Adv. Op. 95, Christian Spaulding
Nevada Supreme Court Summaries
In a dispute between an insured manufacturer and its insurer, the Supreme Court determined that contract interpretation is a question of law, which should be decided by the district court. Further, to determine which policy limit applies, the court must determine on what date the loss became manifest. The manifestation date is generally a question of fact to be decided by the jury, which the district court will apply and determine, as a matter of law, which policy limit applies.
Summary Of Century Sur. Co. V. Casino W., Inc., 130 Adv. Nev. Op. 42, Michael Paretti
Summary Of Century Sur. Co. V. Casino W., Inc., 130 Adv. Nev. Op. 42, Michael Paretti
Nevada Supreme Court Summaries
The court determined whether two distinct provisions of an insurance policy regarding air pollution were subject to multiple reasonable interpretations.
Summary Of Wingco V. Gov’T Emps. Ins. Co., 130 Nev. Adv. Op. 20, Michael Paretti, Craig Friedel
Summary Of Wingco V. Gov’T Emps. Ins. Co., 130 Nev. Adv. Op. 20, Michael Paretti, Craig Friedel
Nevada Supreme Court Summaries
The Court determined whether NRS 687B.145(3), which provides that a motor vehicle insurer must offer its insured the option of purchasing medical payment coverage, requires written rejection of medical coverage by the insured to be valid.
Summary Of Physicians Insurance Company Of Wisconsin, Inc. V. Williams, 128 Nev. Adv. Op. No. 30, Bryan Schwartz
Summary Of Physicians Insurance Company Of Wisconsin, Inc. V. Williams, 128 Nev. Adv. Op. No. 30, Bryan Schwartz
Nevada Supreme Court Summaries
The Court considered, on appeal, the difference between “claims-made” coverage versus “occurrence” coverage under an insurance policy. Further, the Court considered whether the insured’s “claims-made” coverage could be triggered through constructive notice and what was required for constructive notice to be found.
Summary Of Benchmark Ins. Co. V. Sparks, 127 Nev. Adv. Op. No. 33, Christian Balducci
Summary Of Benchmark Ins. Co. V. Sparks, 127 Nev. Adv. Op. No. 33, Christian Balducci
Nevada Supreme Court Summaries
An appeal from a District Court’s denial of summary judgment.
Summary Of Powell V. Liberty Mutual Fire Insurance Co., 127 Nev. Adv. Op. No. 14, Michael Li
Summary Of Powell V. Liberty Mutual Fire Insurance Co., 127 Nev. Adv. Op. No. 14, Michael Li
Nevada Supreme Court Summaries
An appeal from a grant of partial summary judgment in a breach-of-contract action arising from a denial of a homeowner’s insurance claim under the policy’s “earth movement exclusion” clause.
Summary Of Mgm Mirage V. Nevada Ins. Guaranty Ass’N., 125 Nev. Adv. Op. No. 22, James Conway
Summary Of Mgm Mirage V. Nevada Ins. Guaranty Ass’N., 125 Nev. Adv. Op. No. 22, James Conway
Nevada Supreme Court Summaries
Appeal from a district court order holding that self-insured employers under Nevada’s Workers’ Compensation Act can not seek reimbursement from the Nevada Insurance Guaranty Association for amounts that should have been paid by appellant’s insolvent excess insurance carrier.
Summary Of Vredenburg V. Sedgwick Cms And Flamingo Hilton-Laughlin, 124 Nev. Adv. Op. No. 53, Holly Ludwig
Summary Of Vredenburg V. Sedgwick Cms And Flamingo Hilton-Laughlin, 124 Nev. Adv. Op. No. 53, Holly Ludwig
Nevada Supreme Court Summaries
Vredenburg appeals a district court order denying her petition for judicial review of her workman’s compensation matter. Ø÷