Nevada Insurers Cannot Deny Claim Due To Insured’s Lack Of Cooperation

On November 16, 2015, The Nevada Division of Insurance issued Bulletin No. 15-008 setting forth its position that a motor vehicle carrier cannot deny a claim based on the inability of an insurer to verify a loss through its insured.  The DOI stated such an act is in violation of NRS 485.3091 and constitutes an unfair claims settlement practice under NRS 686A.310.

Bulletin 15-008 was issued by the DOI in response to numerous complaints it had received about automobile insurance carriers denying third-party liability claims based on the insurer’s inability to verify the loss through their insured; and in light of the recent Nevada Supreme Court ruling in Torres v. Read More

Pre-Litigation Mediation Provision Is Enforceable Condition Precedent

The Nevada Supreme Court recently held that a pre-litigation mediation provision in a valid contract is an enforceable condition precedent to the filing of a lawsuit.

In MB America, Inc. v. Alaska Pacific Leasing Company, MBA and Alaska Pacific entered into an agreement whereby Alaska Pacific agreed to become a dealer of MBA’s line of products.  After termination of the parties’ Agreement, a dispute arose regarding equipment purchases made by Alaska Pacific while acting as a dealer under the subject contract. Read More