Stephen Hansen v. Liberty Mutual Fire Ins

MEMORANDUM

Stephen Hansen and Clark Lefevre appeal from the district court’s grant of summary judgment in favor of Liberty Mutual Fire Insurance Company (“Liberty Mutual”) on their claims of breach of contract, bad faith, and violations of the Nevada Unfair Claims Practices Act, Nev.Rev.Stat. § 686A.310, as well as the district court’s denial of their motion for reconsideration filed pursuant to Federal Rules of Civil Procedure 59(e) and 60(b).

I

Under Nevada law, a homeowner’s insurance policy that provides coverage for harm resulting from an “accident,” and excludes coverage for harm “expected or intended by the ‘insured,’ ” does not require the insurer to provide coverage for harm that results from intentional action on the part of the insured, even if the insured did not intend to cause the resulting harm. See Beckwith v. State Farm Fire & Cas. Co., 120 Nev. 23 , 83 P.3d 275, 277 (2004) (en banc). Here, the only admissible evidence in the record indicates that Jeff Hart intended to throw a rock at the Lefevre truck, harming both the truck and the passengers inside. Moreover, because Liberty Mutual’s provision of coverage in the Quinn lawsuit involved no intentional action…