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University of Nevada, Las Vegas -- William S. Boyd School of Law
INSURANCE LAW: INSURER’S LIABILITY FOR BREACH OF DUTY TO DEFEND
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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.