Strategies, Challenges, and Answers

Nevada Joins Club Cumis

CumisIn State Farm Mut. Auto. Ins. Co. v. Hansen, No. 64484, 131 Nev. Adv. Op. 74 (Nev. 2015) the Nevada Supreme Court adopted the independent counsel model outlined by the California Court of Appeals in San Diego Federal Credit Union v. Cumis Ins. Society, Inc., 208 Cal. Rptr. 494, 506 (Ct. App. 1984), superseded by statute as stated in United Enters., Inc. v. Superior Court, 108 Cal. Rptr. 3d 25 (App 2010). In its opinion issued on September 24, 2015, the Nevada Supreme Court said that an insurance company has a duty to pay for independent counsel for its insured when its interests and those of its insured are in actual conflict. The foundation for this obligation rests in the insurance policy’s duty to defend and the attorney’s professional duty to provide representation without conflict. Nev. R. Prof. Conduct 1.7(a). [Continue reading]

NRCP Rule 16.1 Requires Disclosure Of All Responsive Liability Insurance Policies.

insurance policy

In Construction Defect (CD) cases, Plaintiff attorneys regularly bring big damage claims. Thus Plaintiff CD attorneys, like many other Plaintiff attorneys, instinctively look for as much liability insurance as they can find. Just as intuitively, CD … [Continue reading]

Nevada Supreme Court Upholds Verdict Finding Right-Of-Way Violator Only 25% At Fault

The traffic light at the intersection of Sahara and Fort Apache was green for east-west travel. Raymond Yeghiazarian, travelling westbound, wanted to turn left on a permissive green ball. Heading eastbound in his patrol car was LVMPD Officer Jared … [Continue reading]

The 2015 Nevada Legislature Repeals Offer of Judgment Statute NRS 17.115.

Repeal OJ

Another interesting change made by the 2015 Nevada Legislature was the repeal of Nevada's Offer of Judgment statute, NRS 17.115. This change should have little or no practical effect because every offer of judgment I have ever seen that was served in … [Continue reading]

Trial Judge Let’s Plaintiff Have Cake And Eat It Too.

Birthday cake

Setting: A courtroom somewhere in Las Vegas Cast of Characters: Treating Doctor Plaintiff’s Attorney (P.A.) Defendant’s Attorney (D.A.) Judge Doctor:         I performed surgery on Plaintiff and my charges are reasonable. D.A.:    … [Continue reading]