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Horvitz & Levy is a solutions-based firm focused on appellate success. We are distinguished by our commitment to responsive service and on-going innovation in the areas of civil appellate litigation, amicus curiae support, and trial strategy consultation.

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In this appeal, Horvitz & Levy obtained a favorable result for its client in a third-party insurance bad faith action in Nevada.

Justin Moscove got into an altercation with plaintiff Jens Morrison outside a bar in Reno. During the fight, Moscove intentionally punched Morrison in the face, causing Morrison to fall to the ground, strike his head, and fall into a coma. Morrison sued Moscove, and Moscove tendered the defense of the suit to defendant Fire Insurance Exchange (FIE) under his homeowners policy. FIE declined to provide a defense because Moscove’s actions were not covered under his policy. Morrison sued FIE for bad faith denial of coverage and other causes of action. The Nevada trial court granted summary judgment in favor of FIE, and Morrison appealed.

Horvitz & Levy represented FIE in the Nevada Supreme Court. We argued that an intentional punch to the face cannot be an “occurrence” under the policy, since “occurrence” is defined as an “accident” and an intentional punch is not an “accident.” We also argued that the intentional punch fell within the policy’s intentional acts exclusion, whether that exclusion is construed to require the insured to intend his act or the consequences of his act. The Nevada Supreme Court affirmed the summary judgment ruling in FIE’s favor, holding that Moscove’s intentional punch to Morrison’s face fell within the FIE policy’s intentional acts exclusion.