Nevada
QBE Insurance Corporation v. The Eighth Judicial District Court of the State of Nevada and Lamplight Village @ Centennial Springs Homeowners Association
Year: 2022
Court: Nevada Supreme Court
Case Number: 84181
Issue:
  • Duty to Defend
State:
  • Nevada

In its amicus curiae brief, United Policyholders addresses the special and ongoing obligations imposed on an insurance company that has undertaken the legal defense of its insured in an underlying tort lawsuit.
Starr Surplus Lines Insurance Co. v. The Eighth Judicial District and JGB Vegas Retail Lessee
Year: 2022
Court: Nevada Supreme Court
Case Number: 84986
Issue:
  • COVID-19
State:
  • Nevada

In its amicus curiae brief, UP supports coverage for an insured’s business interruption losses related to the SARS-CoV-2 virus and COVID-19. UP argues that decades of case law demonstrate what the insurance industry and policyholders have long known: that “all risks” insurance policies protect insureds…
Circus Circus v. AIG Specialty Ins. Co.
Year: 2021
Court: United States Court of Appeals Ninth Circuit
Case Number: 21-15367
Issue:
  • COVID-19
State:
  • Nevada

In its brief, UP weighs in on the tumultuous effect the pandemic has inflicted on the entertainment industry, namely a hotel/ casino in the entertainment capital of the world. Apart from, but complimentary to, the argument of the policyholder that the presence of COVID-19 at the insured…
Merrick vs. The Paul Revere Life Insurance Company, et al
Year: 2008
Court: U.S. Court of Appeals, 9th Circuit
Case Number: 08-17742
Issue:
  • Punitive damage award that only slap an insurer on the wrist will fail to deter reprehensible behavior.
State:
  • Nevada

In situations where insurers ignore the law and abandon the principles of good faith and fair dealing in a persistent manner, meaningful punitive damage awards are justified to temper the behavior of a member of this quasi-public industry. A punitive damage award must be sufficient…
Loyal Crownover vs. Traveler’s Casualty & Surety
Year: 2002
Court: Nevada Supreme Court
Case Number: Docket No. 40234
Issue:
  • Exclusions
State:
  • Nevada

Exclusions in a policy cannot be buried in the boilerplate verbiage of the grant of coverage. In this policy the promise of a defense under these circumstances was clear and invoked the insurer’s duty to defend.
James Nalder v. United Automobile Ins. Co.
Year: 2016
Court: Nevada Supreme Court
Case Number: 70504
Issue:
  • Duty to Defend
State:
  • Nevada

Under contract principles, a party that breaches a duty owed under a contract is liable for losses consequential for that breach when there is a special circumstance present. Contracts of insurance present a special circumstance given the special relationship between the parties and nature of…