Strategies, Challenges, and Answers

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...]

What Is A Minor’s Compromise?

A reader of the blogs sent an email asking: “What exactly is a compromise of a minor's claim?”  Here is my response to her. Hi Jeanette: Thanks for the question.  If a Nevada minor is injured in an accident that was caused by the negligence of another, just like any adult, the minor is entitled to seek recovery from the negligent party.  Normally, children don’t know about their recovery rights in situations like this and parents will step in to try and resolve their children’s claims Back … [Read more...]

Michael Mills Profiled In Attorney At Law Magazine

In addition to honoring Justice A. William Maupin (ret) with the cover feature story, Mr. Michael C. (Mike) Mills was the only other Nevada attorney profiled in the Premiere Issue of the Las Vegas edition of Attorney at Law Magazine. The article shares Mr. Mills philosophy, experience and outlines why teaching is such an important part of his practice. Click HERE to view the article in full screen. … [Read more...]

TRANSPORTATION CARRIER CREATES NEVADA SPECIFIC ADJUSTER TEAM

Mills & Associates has always emphasized that Nevada is a unique venue in which to defend claims.  In our blogs, Mills and Associates has identified special "Nevada Factors" that need to be considered in defending Nevada suits.  Some carriers are acting on our words of caution. On a recent trip to Idaho to present our educational seminar on the “Nevada Unfair Claims Practices Act”, Mills & Associates learned that a national transportation insurance company has set up a "Nevada Team”.  … [Read more...]

Revisiting The Policy Of Adjudication Of Disputes On The Merits Under The “Moon” Case: Turning A New Leaf Or Making An Exception?

Nevada courts regularly say that they favor adjudication of disputes on the merits of the claim and not some resolution based on a technical failure by a party or his/her attorney.  See Young v. Johnny Ribeiro Building,.106 Nev. 88, 92, 787 P.2d 777 (1990).  While there are a few exceptions to that general rule [click HERE], this policy of adjudication on the merits gives most claimants the opportunity to pursue almost any potentially viable cause of action all the way to trial.  This … [Read more...]