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...]

May I Cut In? Intervening In Nevada

There are times when an insurance company may find it necessary to jump into the fray.  If a lawsuit is ongoing and the insurance company is not party to that suit, the carrier can try to intervene in the suit that’s already filed, rather than rather than file a separate action.  Intervention is allowed under Rule 24 of the Nevada Rules of Civil Procedure and under N.R.S. 12.130.Intervention may be appropriate in several situations.  A common situation is where an injured Plaintiff sues an … [Read more...]