Strategies, Challenges, and Answers

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...]

Nevada Joins Club Cumis

In 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 App. 1984), superseded by statute as stated in United Enters., Inc. v. Superior Court, 108 Cal.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 … [Read more...]

Nevada Law Blogs See Lots Of Insightful Comments On Nevada’s Cumis Counsel Case

Regular readers of the Nevada Law Blogs have followed our summaries of all of the briefs filed in the Nevada case of State Farm Mut. Auto. Ins. Co. v. Hansen, Nevada Supreme Court Case No. 64484.  Hopefully, the Hansen case will tell us if Nevada will follow California’s Cumis decision, if it will adopt a standard used by another state or if it will await a legislative solution to the situation.Like the briefs themselves, comments on social media have run the gamut.  State Farm’s brief … [Read more...]

Happy President’s Day

On this day, to celebrate Washington's Birthday have some cherry pie. If you would rather, have some cornbread and gingerbread men to honor Abraham Lincoln.If your diet or schedule doesn't allow those, let's take a moment to reflect on the collective good done by all of the presidents of the United States.Still the greatest free country in the world . . . enjoy your day. … [Read more...]

Dr. Martin Luther King Jr. Had a Dream . . .

As our nation celebrates Martin Luther King’s birthday, let us reflect on a few of his words."I say to you today, my friends, so even though we face the difficulties of today and tomorrow, I still have a dream. It is a dream deeply rooted in the American dream.I have a dream that one day this nation will rise up and live out the true meaning of its creed: 'We hold these truths to be self-evident: that all men are created equal.'I have a dream that one day on the red hills of Georgia … [Read more...]