In the case of Gallegos v. Malco Enterprises of Nevada, Inc., 127 Nev. Adv. Op. 51 (Nev. Opinion Filed August 4, 2011) PUBLIC ACCESS, also published as 2011 WL 3359926 *1 (Nev. August 4, 2011)(authorized password required to access Westlaw), a three-Justice panel of the Nevada Supreme Court held that in Nevada, Bad Faith Claims can be judicially assigned just like any other property that is not judicially exempt from execution and so "can be judicially assigned in a proceeding supplementary to the execution of a judgment." Gallegos v. Malco Enterprises of Nevada, Inc., 2011 WL 3359926 at *2. On assignment of Bad Faith Claims to Third Parties, including by Judicial assignment, see generally Dennis J. Wall, "Litigation and Prevention of Insurer Bad Faith" ยงยง 7:1, "Actions by Third Parties," and 7:2, "Assignment" (West Publishing Co. Third Edition 2011).
The precise claims or rights of action judicially assigned here were "unasserted claims for 'Breach of Contract, Breach of Fiduciary Duties, [and] Breach of Duty of Good Faith and Fair Dealing.'" id. at *1. [Bracketed material inserted by the Supreme Court of Nevada.] "The assigned claims related to [the Judgment Debtor's-Insured's Third-Party or Liability] insurance policy with respondents." Id.
The 22nd Annual Bad Faith Litigation Conference of the American Conference Institute is being held in 2011 in Orlando, Florida. The author will be speaking. As a result, the ACI will offer you a large discount if you choose to register for the Conference. In order to register and receive this discount from the ACI, contact Amanda Waltmon, Esquire, Legal Analyst and Program Director at the ACI and the deadline most recently announced by the ACI for requesting this discount is August 31, 2011. Ms. Waltmon's direct dial is 212.352.3220, ext. 5231 or send Ms. Waltmon an EMail at a.waltmon@americanconference.com. Here is a link to the American Conference Institute Website Page which features this Conference including registration, if you or anyone you know would like to attend.
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