797 P.2d 978 (Nev. 1990), 20903, Mallin v. Farmers Ins. Exchange

Docket Nº:20903.
Citation:797 P.2d 978, 106 Nev. 606
Party Name:Jennifer B. MALLIN, Individually, and Jennifer B. Mallin and Roberta Grill, as the Guardians of Jessica B. Mallin, and Jennifer B. Mallin as Special Administratrix of the Estate of Virginia Mallin Egyed, Deceased; Edith Egyed, Executrix of the Estate of Alex Egyed, a/k/a Alexander Egyed, Deceased; Jeanne Di Fiore Cosgrove; John Di Fiore II; Jared E
Case Date:September 19, 1990
Court:Supreme Court of Nevada
 
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Page 978

797 P.2d 978 (Nev. 1990)

106 Nev. 606

Jennifer B. MALLIN, Individually, and Jennifer B. Mallin and

Roberta Grill, as the Guardians of Jessica B. Mallin, and

Jennifer B. Mallin as Special Administratrix of the Estate

of Virginia Mallin Egyed, Deceased; Edith Egyed, Executrix

of the Estate of Alex Egyed, a/k/a Alexander Egyed,

Deceased; Jeanne Di Fiore Cosgrove; John Di Fiore II;

Jared E. Shafer, Executor of the Estate of Elizabeth Barton

Di Fiore, a/k/a Betty Di Fiore, Deceased; Miles Levy;

Elise Kagasoff; and Jared Shafer, Administrator of the

Estate of Jack Levy, Deceased, Appellants,

v.

FARMERS INSURANCE EXCHANGE, A California Corporation, Respondent.

No. 20903.

Supreme Court of Nevada.

September 19, 1990.

Page 979

Rogers, Moore & Mahone, Las Vegas, for appellant Jennifer mallin.

Beckley, Singleton, DeLanoy, Jemison & List and Daniel F. Polsenberg, Las Vegas, for appellants Mallin.

[106 Nev. 607] Morse & Mowbray, Las Vegas, for appellant Egyed.

Gordon & Silver, Las Vegas, for appellants Di Fiore, et al.

Thorndal, Backus, Maupin & Armstrong, Las Vegas, for respondent.

OPINION

PER CURIAM:

This is an appeal from an order of the district court granting [106 Nev. 608] summary judgment. Appellants have moved to dismiss on the ground that the district court improperly certified the judgment as final pursuant to NRCP 54(b).

On September 23, 1984, Alex Egyed killed his wife Virginia Mallin Egyed, Elizabeth Barton Di Fiore, Jack Levy, and himself. The estates and heirs of the three victims brought separate wrongful death

Page 980

actions against the estate of Alex Egyed. Two insurance policies potentially covered Egyed: a homeowner's policy from Farmers Insurance Exchange (Farmers) and an excess policy from Insurance Company of North America (INA). Both policies contain clauses which exclude coverage for intentional acts committed by the insured.

Farmers defended the estate of Alex Egyed under a reservation of rights to deny coverage. On January 28, 1986, Farmers brought a declaratory relief action against appellants, seeking a declaration of non-coverage pursuant to the intentional acts and household exclusions under its policy. On November 10, 1986, the estate of Alex Egyed filed an action against INA seeking a declaration of coverage and damages for failure to provide a defense. The wrongful death actions, the Farmers action for declaratory relief and the estate's action against INA were pending simultaneously in different departments of the Eighth Judicial District Court.

On August 18, 1988, the district court granted Farmers' motion for partial summary judgment based on the household exclusion clause of its policy. The district court then granted appellants' motion to consolidate the two coverage actions for all purposes. On November 9, 1989, the district court...

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