Strategies, Challenges and Answers

Adjusting Claims Involving Intoxicated Insureds Can Be Complicated

May 24, 2013 Leave a Comment

Adjusting Claims Involving Intoxicated Insureds Can Be ComplicatedIn Nevada, there’s alcohol everywhere.  Or so that is what many visitors believe as they find themselves partaking in “just one more” at every stop of their visit.  Even some locals live up to the outsider’s stereotypical view of a Las Vegas resident by overdoing it a bit too often.

However, like every other state, Nevada has strict laws against driving while intoxicated.  Seasoned adjusters know the many complications that can arise when dealing with a claim involving an intoxicated insured.

It is against the law to drive a vehicle in Nevada if you are intoxicated.  NRS 484C.110.  Driving intoxicated with an accident causing serious bodily injury or death is a felony.  NRS 484C.430.  In addition, drunk drivers are subject to having their driver’s licenses revoked.  A person is presumed to be intoxicated if their blood alcohol concentration is 0.08 or greater.  Id.  These same types of presumptions can apply for other intoxicants as well. [Continue reading]

Filed Under: Blood Alcohol Concentration, Dram Shop, Driving Under the Influence / While Intoxicated, Exclusions Generally, Operating Under the Influence / While Intoxicated, Punitive Damages, Restitution By

UM Subro? Yes! UIM Subro? No.

May 6, 2013 Leave a Comment
UMUIM

In Nevada, uninsured (UM) and underinsured (UIM) come as part of the same insurance offering.  The law requires that both auto coverages must be offered.  NRS 687B.145(2).  While UM and UIM may be legally one and the same coverage, they are … [Continue reading]

Filed Under: Subrogation, UM/UIM By

Nevada Recognizes Claims For Negligent Entrustment

April 21, 2013 Leave a Comment
Negligent Entrustment

Nevada has long recognized the tort of “negligent entrustment”.  Take the case of Zugel v. Miller, 100 Nev. 525, 688 P.2d 310 (1984) for example.  In that case a 13-year-old bought a motorcycle.  The boy had no driver’s license.  He took a … [Continue reading]

Filed Under: Automobiles, Negligent Entrustment, Parental Liability By

Will A New Appellate Court Mean More Nevada Jobs?

April 2, 2013 Leave a Comment
Nevada Appellate

In the Nevada Law Blogs, we regularly discuss “Nevada Factors”.  These Nevada Factors are circumstances that are unique to Nevada’s laws or judiciary which make it different from the other states. One Nevada Factor that arises over and over … [Continue reading]

Filed Under: Business Climate, Nevada Appellate Court, Nevada Factors, Nevada Supreme Court, Predictability Stare Decisis By

Can Anyone Find A Reported Nevada Case That Deals With Examinations Under Oath?

March 20, 2013 Leave a Comment
Examinations Under Oath

An insured’s obligation to give an Examinations Under Oath in conjunction with an insurance claim has been around a long time.  Take for example the case of Claflin v. Commonwealth Ins. Co., 110 U.S. 81, 3 S. Ct. 507, 28 L. Ed. 76 (1884). There, … [Continue reading]

Filed Under: Examination Under Oath (EUO), Fraud, Insurance Fraud, Investigation, Nevada Factors By
Next Page»