Strategies, Challenges, and Answers

Insurance Fraud Can Be A Lot of Things.

Nevada’s definition of “insurance fraud” is very broad. NRS 686A.2815.  Some may think that it requires presenting papers or evidence to an insurer in order to commit fraud.  However, those people would be incorrect.  Fraud can include concealing information or omitting information material to an insurance matter.  Id. at (1)-(3). A person who knowingly provides false or misleading information as part of an insurance application is committing fraud.  Id. at (1). However, it is fraud to not … [Read more...]

Las Vegas Defense Lawyers adds Aileen Cohen to Board

At Bauman Loewe Witt & Maxwell we are pleased to announce that Las Vegas Defense Lawyers (LVDL) members elected Aileen E. Cohen, Esq. to its Board of Directors.  The election took place at the Fifth Annual LVDL Dinner on March 30, 2017. Aileen will be working on LVDL advocacy efforts in support of the civil litigation defense bar before the Nevada Legislature in addition to other ongoing projects to promote LVDL objectives. Las Vegas Defense Lawyers is an organization of attorneys … [Read more...]

Let’s Appreciate and Remember Our Veterans; on Veterans Day and Everyday

We celebrate Veterans Day on November 11. Americans honor the brave men and women of the armed forces who risk their lives to protect our freedom. They include past and present members of the US Army, Navy, Marine Corps, National Guard, Air Force, and the Coast Guard. Originally called Armistice Day, major hostilities of World War I were formally ended at the 11th hour of the 11th day of the 11th month of 1918, when the Armistice with Germany went into effect. Here are a few quotes to mark … [Read more...]

Eat Lunch with the Judges and Improve Your Practice

Who says that there is no free lunch?  On the second Tuesday of every month in Courtroom 15D or 15B at 12:05 PM, lunch is free and the conversation is lively at the Civil Bench Bar meetings.  The Nevada office of Bauman Loewe Witt & Maxwell had the pleasure of sponsoring April’s Civil Bench Bar luncheon allowing attorney Aileen Cohen to speak with the attendees about our firms practice areas and services, including the Trucking, Insurance and Coverage and Bad Faith law blogs. But food and … [Read more...]

Once An Insured Proves Coverage, The Burden Shifts To the Insurer To Prove An Exception Or Exclusion

In Nevada Insurance Coverage lore, Victor Havas is legend. Cases involving Mr. Havas answer so many insurance coverage questions.  What duty does an insurance agent owe to a customer? Havas v. Carter, 515 P.2d 397, 89 Nev. 497 (1973). For more information, see here.  When is replacement value the appropriate measure of damages rather than actual case value? Havas v. Atlantic Ins. Co., 95 Nev. 415, 596 P.2d, 246 (1979). here.  How can an insurance company avoid a waiver when it investigates a … [Read more...]