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

Nevada Law Limits Duty Owed To Trespassers

For more than 20 years, Nevada was among the minority of states which required the possessor of land to protect every person who entered upon their property, including trespassers.  This meant that the same duty of care was owed to a trespasser as to an invited guest.  Under Moody v. Manny’s Auto Repair, 871 P.2d 935 (Nev. 1994), injured trespassers successfully sued land possessors by proving that a dangerous condition existed that the possessors knew, or should have known about, but for which they failed to take corrective action or properly warn. Read More

Will Consumer Protection Plans Be Regulated Under The Insurance Code?

In Heckart v. A-1 Self Storage, the California Supreme Court will review whether provisions of a self-storage Rental Agreement, including a Protection Plan offered by the facility, meet the definition of “insurance” and are therefore subject to regulation under the Insurance Code.

In this case, Mr. Heckart rented a storage unit from A-1 Self Storage.  The Rental Agreement provided that, among other things, Mr. Heckart was to maintain a policy of insurance.  Read More

California HOAs Can Regulate Short Term Rentals

In Ken Watts, et al. v. Oak Shores Community Association, homeowners brought an action against their Homeowners’ Association (“HOA”) challenging new rules it had imposed on short-term rentals.  These rules required a seven day minimum rental period; an annual fee of $325 for each short-term rental unit; a limit on the number of automobiles, boats, and other watercraft renters could bring into the complex; and the imposition of various garbage and other fees.  Read More