FIRM ATTORNEYS OBTAIN SUMMARY JUDGMENT ON BAD FAITH CLAIMS AND ALLEGED VIOLATIONS OF NEVADA UNFAIR CLAIMS PRACTICES ACT
Wednesday, June 25, 2014
McCormick Barstow attorneys Philip A. John and Daniel I. Aquino successfully obtained a complete dismissal of claims of bad faith, unfair claims practices, and unjust enrichment against their insurance company client in Nevada federal court. These claims were filed in connection with an alleged six-figure jewelry theft, despite suspicious circumstances that gave the client a reasonable basis for denying the theft claim. Nevada law requires that an insurer have no reasonable basis for denying a claim in order to be liable for bad faith. The United States District Court for the District of Nevada found that the attorneys had “overwhelmingly demonstrate[d] the existence of a reasonable basis for denying the theft claim” and that their client’s actions were “plainly reasonable under the controlling Nevada statutes." Accordingly, the Court granted summary judgment on these claims. Allstate Property and Casualty Insurance Company v. Mirkia, No. 2:12-cv-01288-RCJ-PAL.
Mr. John and Mr. Aquino are part of the litigation practice group in the firm’s Las Vegas office.