Lucini-Parish Insurance v. Buck , 108 Nev. 617 ( 1992 )

Springer, J.,

dissenting:

I dissent because, in my view, even if the insurance policy had been issued, there would have been no coverage here. A condition of liability in this case is that “at the commencement of this insurance each animal hereby insured is in sound health and free from any illness, disease, lameness, injury or physical disability whatsoever.” The earliest date on which Lloyds of London could have been bound was July 3, 1989; Bluegrass died of a two-day disease on July 4, 1989. The Bucks did not (and could not) establish that Bluegrass was in sound health on July 3, 1989, and thus the condition precedent to coverage was not met. Therefore, even if LPI negligently failed to procure insurance or breached its contract to procure insurance, the Bucks were not affected by this failure or breach because they would not have been covered by the insurance policy even if LPI had procured it.

I also conclude that it was reversible error for the trial court to deny LPI the right to use the pathology report. It should have been admitted as a record of regularly conducted activity under NRS 51.135.