James Nalder, Guardian Ad Litem on behalf of Cheyanne Nalder; Gary Lewis, individually, Plaintiffs-Appellants,
United Automobile Insurance Company, Defendant-Appellee.
D.C. No. 2:09-cv-01348-RCJ-GWF
Before: Alex Kozinski, John T. Noonan and Diarmuid F. O'Scannlain, Circuit Judges.
Certification to Nevada Supreme Court The panel certified the following question of law to the Nevada Supreme Court:
Whether, under Nevada law, the liability of an insurer that has breached its duty to defend, but has not acted in bad faith, is capped at the policy limit plus any costs incurred by the insured in mounting a defense, or is the insurer liable for all losses consequential to the insurer's breach?
Alex Kozinski Circuit Judge.
Pursuant to Rule 5 of the Nevada Rules of Appellate Procedure, we certify to the Nevada Supreme Court the question of law set forth in Part II of this order. The answer to this question may be determinative of the cause pending before this court, and there is no controlling precedent in the decisions of the Nevada Supreme Court or the Nevada Court of Appeals.
Further proceedings in this court are stayed pending receipt of an answer to the certified question. Submission is withdrawn pending further order. The parties shall notify the Clerk of this court within one week after the Nevada Supreme Court accepts or rejects the certified question, and again within one week after the Nevada Supreme Court renders its opinion.
I. The Parties
Plaintiffs-appellants, James Nalder, guardian ad litem for Cheyanne Nalder, and Gary Lewis will be the appellants before the Nevada Supreme Court. Defendant-appellee, United Automobile Insurance Company (UAIC), a Florida corporation with its principal place of business in Florida, will be the respondent.
The names and addresses of counsel for the parties are as follows:
Thomas Christensen, Christensen Law Offices, LLC, 1000 S. Valley View Blvd., Las Vegas, Nevada 89107, for appellants.
Thomas E. Winner, Susan M. Sherrod and Matthew J. Douglas, Atkin Winner & Sherrod, 1117 South Rancho Drive, Las Vegas, ...