Torres v. Nev. Direct Ins. Co.

Appellant was injured in a car accident. Appellant obtained a default judgment against both the driver and the owner of the other vehicle. Thereafter, Appellant brought this action under Nev. Rev. Stat. 485.3091, Nevada’s absolute-liability statute, against the owner’s insurer to recover upon the judgment under the insurance policy. The district court entered judgment in favor of the insurer. The Supreme Court affirmed in part, reversed in part, and remanded, holding that the district court (1) erred in declining to apply section 485.3091 to Appellant’s action, as a statutory third-party claimant can sue the insurer to enforce compliance with the statute; (2) properly dismissed Appellant’s claim for breach of the implied covenant of good faith and fair dealing, as the statute provides no express language that permits a third-party claimant to pursue an independent bad faith claim against an insurer; and (3) did not err in not awarding Appellant damages based upon a promissory estoppel theory. View "Torres v. Nev. Direct Ins. Co." on Justia Law