Legal Opinion
Aaa Nevada Insurance Company v. Vinh Chau
Court of Appeals for the Ninth Circuit
Decided December 22, 2011No. 10-16793UnpublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM **
Because the Buenaventuras are not parties to the insurance contract between AAA and Chau, and do not have a judgment against Chau, they have no standing to sue AAA for a declaration of coverage. Knittle v. Progressive Cas. Ins. Co., 112 Nev. 8, 908 P.2d 724, 726 (1996). A tort claimant’s rights against the tortfeasor’s insurer do not mature until the tort claimant recovers a judgment. Roberts v. Farmers Ins. Co. 91 Nev. 199, 533 P.2d 158, 159 (1975). Nevada law, which applies to this diversity action, does not recognize a right of action on the part of a third-party claimant…
2Cases cited6 opinions
- Diamond v. CharlesSupreme Court of the United States · 1986
- Knittle v. Progressive Casualty InsuranceNevada Supreme Court · 1996
- Hunt v. State Farm Mutual Automobile InsuranceDistrict Court, D. Nevada · 1987
- Tweet v. WebsterDistrict Court, D. Nevada · 1985
- State of California Department of Social Services v. ThompsonCourt of Appeals for the Ninth Circuit · 2003
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- AAA Nevada Insurance v. BuenaventuraCourt of Appeals for the Ninth Circuit · 2016