Strategies, Challenges, and Answers

State Farm Argues It Has No Duty To Provide Cumis Counsel In Nevada

Cumis BriefIn prior blog posts, the Nevada Law Blogs promised its readers regular updates regarding the issue of Cumis Counsel that is now before the Nevada Supreme Court. See HERE and HERE. Appellant State Farm recently filed its opening brief in State Farm Mut. Auto. Ins. Co. v. Hansen, Nevada Supreme Court Case No. 64484.  You can read the entire brief HERE.

In 2003, the local press widely published the facts of this case. Plaintiffs Hansen, LeFevre and Grill were at a party. They decided it was time to leave. They loaded into LeFevre’s vehicle and headed for the exit gate of the community. Aguilar was immediately behind Plaintiffs in his State Farm insured auto. Aguilar hit LeFevre’s vehicle from the rear just as it tried to exit the complex. Before Plaintiffs could leave, LeFevre’s vehicle was pelted with rocks, bottles and cans, allegedly thrown by people at the party. Hansen suffered serious injuries when a rock broke through the windshield of the LeFevre car and struck him. The Aguilars had two State Farm policies, an auto policy and a homeowner’s policy.

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Nevada Follows The “Initial Permission” Rule When Dealing With Questions Of Permissive Use

Nevada Follows The “Initial Permission” Rule

Normally, it is easy to know whether the person whose name is on the auto insurance policy has liability coverage when operating his or her insured car. But that analysis becomes more difficult when the driver is not a named insured. Nevada Law … [Continue reading]

Back to Basics: The Elements Of A Nevada Negligence Claim

Nevada Negligence Claim

Sometimes it is good to get back to basics.  Let’s quickly review what it takes to prove a negligence claim in Nevada.  The case of Turner v. Mandaly Sports Entm’t, LLC, 124 Nev. 213, 180 P.3d 1172 (2008) reminds us of the elements of that cause of … [Continue reading]

“Reasonable Rental Cost” Not “Financing Cost” Is The Proper Measure Of Damages For Loss Of Use

Loss of Use

Disputes over the value of loss of use are common. Sometimes these disputes are small such as the loss of use of a car following an auto accident. Other times, the dispute involves a much bigger piece of equipment. For example, Asphalt Products … [Continue reading]

#TBT Nevada’s Guest Statute Declared Unconstitutional

the girl waiting the car with cardboard

On Social Media, people like to celebrate “Throw Back Thursday”.  On Thursdays, with a reference to hashtag #TBT, people post old photos of themselves, their families and their cities.  In that tradition, this post qualifies as a legal “Throw Back … [Continue reading]