Jenner & Block

“Consequential Damages Can Exceed Policy Limits in Nevada,” Law360

In the February Insurance Law Update, Jenner & Block Partner Brian S. Scarbrough and Associate Daniel A. Epstein highlight the recent case of Century Surety Co. v. Andrew.  The Supreme Court of Nevada held that when insurers breach their duty to defend, policyholders may be entitled to consequential damages that are not capped by policy limits.  “Policyholders with duty to defend policies applying Nevada law should take note of this decision and that when confronting an insurer’s breach of the duty to defend, it is possible to recover amounts both in addition to a policyholder’s defense costs and above policy limits,” the authors observe.  The ILU was published in Law360.