Posts tagged Insurance Bad Faith

• Nevada Equitable and Legal Claims at Trial

  Steve Klearman | February 15, 2008 10:10 AM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  On December 27, 2007 the Nevada Supreme Court clarified in Awada v. Shuffle Master, Inc., 123 Nev. Adv. Op. No. 57, the manner in which a Nevada District Court may handle mixed claims for legal and equitable relief at trial and found as follows:In this appeal, we consider the primary issue of whether a district court has the authority to bifurcate the legal and equitable claims presented in a...

• Update on Nevada Allstate Attorney Misconduct Case

  Steve Klearman | February 14, 2008 10:00 AM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  In the ongoing squabble over Allstate defense attorney Phil Emerson's repeated misconduct in arguing cases at trial, the Nevada Supreme Court rendered its latest decision on January 17, 2008.In its introduction to Lioce v. Cohen, 124 Nev. Adv. Op. No. 1, the Court stated:On December 28, 2006, this court issued an opinion in these consolidated appeals.[2] The defendants in each of the four...

• Allstate Gets the Boot in Florida

  Steve Klearman | January 18, 2008 9:05 AM | 0 CommentsReno, NV Category: Automobile Accidents
  

  Here's a plug for Trial Guides at www.trialguides.com. The following interesting news comes from their enewsletter of today's date.This week, Florida Insurance Commissioner Kevin McCarty announced that he is suspending Allstate Insurance companies from writing new insurance in Florida. McCarty's choice follows Allstate's refusal to comply with subpoenas served October 16 by the Office of...

• Deleted Emails and Production

  Steve Klearman | December 26, 2007 10:12 AM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  Ah the new and complicated world of how email production is handled by courts.Scott Roseland, at cybercontrols (www.cybercontrols.net), cites to Benton v. Dlorah, Inc., 2007 U.S. Dist. D. Kan, Oct. 30, 2007. There, the plaintiff informed defendant at her deposition that she had deleted e-mails, and defendant filed a motion to compel plaintiff to produce relevant documents, to produce her hard...

• No Private Right of Action Under Prompt Pay Law

  Steve Klearman | November 29, 2007 12:15 PM | 0 CommentsReno, NV Category: Miscellaneous
  

  The Nevada Supreme Court examined Nevada's so-called "prompt-pay" statute, NRS 690B.012, in a decision dated November 21, 2007. See, Allstate Ins. Co. v. Thorpe, 123 Nev. Adv. Op. No. 52. That statute "requires casualty insurers to approve and pay, or deny, casualty claims, including claims for medical payment benefits, within a limited time frame. Under the statute, an insurer must pay...

• Fallon Nevada's Arsenic Problem

  Steve Klearman | November 26, 2007 6:44 AM | 0 CommentsReno, NV Category: Wrongful Death
  

  In Fallon, Nevada (about an hour and a half away from Reno) residents have been experiencing high numbers of cancer diagnoses. Although the town has a population of roughly 8,500 people, 12 children were diagnosed with leukemia over a course of approximately three years. According to the American Cancer Society approximately 1.27 percent of the population (1 in 79) will come down with the...

• Health Insurer Encourages Survival of Fittest

  Steve Klearman | November 24, 2007 3:38 PM | 0 CommentsReno, NV Category: Miscellaneous
  

  Why is it little surprise that a health insurer would work to exclude sick people?According to the American Association of Justice, quoting Lisa Girion, writing for the Los Angeles Times, "one of the state's largest health insurers set goals and paid bonuses based in part on how many individual policyholders were dropped and how much money was saved. Woodland Hills-based Health Net Inc. avoided...

• Nevada Uninsured Drivers Higher Than Expected

  Steve Klearman | November 16, 2007 10:42 AM | 0 CommentsReno, NV Category: Automobile Accidents
  

  According to an article by the Better Business Bureau dated October 19, 2007, the number of drivers across the United States, but especially in Nevada, without insurance is higher than would be expected.In a recent study by the Insurance Research Council, one out of seven at-fault drivers is uninsured. In Nevada this number rises even more with seventeen percent of drivers uninsured. This can be...

• Businesses Fighting Fewer Suits

  Steve Klearman | November 07, 2007 1:08 PM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  The following comes from the American Associaiton of Justice quoting Sheri Qualters at the National Law Journal:American businesses are filing and fighting fewer lawsuits, according to Fulbright & Jaworski's fourth annual Litigation Trends Survey. Seventeen percent of respondents have not defended a lawsuit in the past year, compared with 11% in the prior year. The rate of corporations bringing...

• Why Binding Arbitration Can Forfeit Your Rights

  Steve Klearman | November 06, 2007 12:56 PM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  Yesterday I blogged on some of the negative aspects of binding arbitration. Here's more information on why this often misunderstood form of alternative dispute resolution can be problematic.Buried in the fine print of most consumer contracts - such as credit cards, insurance plans and car deals - is a clause, which waives the buyer's constitutional right to trial by jury. These contracts...