Strategies, Challenges, and Answers

When Will Nevada Allow An Insurer The Right Of Recoupment?

We know that the duty to defend is broader than the duty to indemnify.  Benchmark Ins. Co. v. Sparks, 254 P.3d 617, 620-21 (2011). We also know that once the duty to defend kicks in on one claim, the insurance company is obliged to defend the insured on all claims raised in the Complaint. Jaynes Corp. v. Am. Safety Indem. Co., 925 F. Supp. 2d 1095, 1103 (D. Nev., 2012) vacated due to settlement, No. 2:10-CV-00764-MMD, 2014 WL 8735102 (D. Nev. Dec. 3, 2014)   A common example is the case where a … [Read more...]

Nevada Finds That An Assigned Insurance Defense Attorney Has An Attorney-Client Relationship With Both The Insured Defendant And The Insurer Who Assigned The Case

A Las Vegas insurance defense attorney was seeing great success prosecuting plaintiff’s cases.  No surprise that the insurance companies were moving their business to other insurance defense attorneys.  Then came the fateful day as reported in Nevada Yellow Cab Corp. v. Eighth Jud. Dist. Court, 123 Nev. 44, 152 P.3d 737 (2007). The target defendant was insured by a carrier with whom the attorney had previously done business.  The insurance company took exception.  The company filed a motion to … [Read more...]

Two For The Price Of One! Mike Mills Authors Two Articles That Appear In The Most Recent Issue Of DRI’s Covered Events Newsletter.

Mike Mills’s article on the care, custody or control exclusion found in the general liability form policy was featured on DRI’s Covered Events online newsletter in 2013 Issue 1.  If you are interested in Mike’s conclusions on this interesting insurance coverage issue, you can read the article HERE. In addition, Mike’s report on the recent Nevada Supreme Court case of Physicians Ins. Co. v. Williams, 128 Nev. Adv. Op. 30, 279 P.3d 174 (2012) can be found in the same issue HERE. Keep an eye … [Read more...]