Strategies, Challenges, and Answers

When Is It Too Late For A UM/UIM Carrier To Intervene In The Underlying Litigation?

Eric and Erwin Lopez were hurt when a negligent and underinsured driver hit their car.  They sued the driver.  As discovery progressed, Eric and Erwin convinced the driver to settle.  However, they would not give the negligent driver a release.  Instead, they offered the driver a Covenant Not to Execute against him in excess of his bodily injury liability limits.  The negligent and underinsured driver accepted.  The bodily injury liability limits were paid and the Covenant provided.  However, … [Read more...]

The Nevada Supreme Court Reverses Summary Judgment In Favor Of Driver Who Strikes Pedestrian Crossing Outside Of Crosswalk.

Pedestrian Anderson was walking across the street when driver Baltrusaitis accidentally hit him with his car.  Anderson and Baltrusaitis were the only witnesses to the accident.  Pedestrian Anderson’s injuries were so serious that he was unable to communicate about the accident.Perhaps that is why there was no evidence to contradict the evidence favorable to the driver.  The Traffic Accident Report, the deposition testimony of driver Baltrusaitis and his accident reconstruction expert’s … [Read more...]

Sorry Insurance Adjusters. Only One Hat For You.

Problems arise when we try to wear two hats at the same time. Not only do the hats look silly, but neither one fits really well.The same rule is true as it applies to the insurance industry. Insurance professional are often prohibited from trying to do two jobs at the same time. For example, you wouldn’t want the person who is selling the insurance to make decision as to who is a qualified insured and how much the insured’s premiums will be. I am sure that you can imagine the conflicts that … [Read more...]

One, Two, Three, Four, I Declare A Thumb War

At the outset of many games, contests and activities, there is a ritual that the contestants follow that lets all participants know that the game has begun.  On your mark, get set, go!  Lights, camera, action!  Game on!  Litigation is no different.  The Rules of Civil Procedure dictate that the defendant must receive notice of the action via service of process before the lawsuit officially commences.  Rules 4 & 5, NRCP.Sometimes the Summons & Complaint are personally served to the … [Read more...]

An Auto Carrier Providing An SR-22 Certificate Must Give The DMV Ten Days Notice Before Cancelling

Nevada car owners know that before you can register an automobile in Nevada, the owner will have to prove to the Department of Motor Vehicles that the car is insured.  The owner usually satisfies this obligation by bringing a Proof of Insurance Card issued by a Nevada licensed insurance company to the DMV when it’s time to register the car.In addition, the Nevada DMV can require proof of auto insurance before reinstating the suspended or revoked license of a high risk driver.  See NRS … [Read more...]