Strategies, Challenges, and Answers

The Accident Report Favors Our Driver. Liability’s A Lock! Or Is It?

A taxi cab hits the back of a small pickup truck.  Witnesses place blame on the cab.  The officer tickets the cabbie.  The officer prepares a traffic accident report.  The report says the cab driver is at-fault.When trial comes around, the judge admits the traffic report into evidence.  In the case of Frias v. Valle, 101 Nev. 219, 698 P.2d 875 (1985), the Nevada Supreme Court reviewed the evidence and sent the case back to be tried again.  But why?The Court explained the traffic accident … [Read more...]

Can Anyone Find A Reported Nevada Case That Deals With Examinations Under Oath?

An insured’s obligation to give an Examinations Under Oath in conjunction with an insurance claim has been around a long time.  Take for example the case of Claflin v. Commonwealth Ins. Co., 110 U.S. 81, 3 S. Ct. 507, 28 L. Ed. 76 (1884). There, the U.S. Supreme Court explained that the purpose behind an Examination Under Oath was "to enable the [insurance] company to possess itself of all knowledge and all information as to other sources and means of knowledge, in regard to the facts, material … [Read more...]