Strategies, Challenges, and Answers

Loss Or Destruction Of Critical Evidence: An Overview Of Nevada Cases

We previously highlighted the importance of preserving critical evidence and the Nevada Supreme Court case of Fire Insurance Exchange v. Zenith Radio Corp. 103 Nev. 648, 747 P.2d 911 (1987) HERE.  The Nevada Supreme Court has addressed the issue of loss of important evidence in a number of other cases.  Let’s discuss a few. In the case of Stubli v. Big D Int’l Truckers, Inc. 107 Nev. 309, 810 P.2d 785 (1991), the owner of a big rig sued the manufacturer and repair shop for damages caused to … [Read more...]

Insurance Adjusters Beware: Nevada Courts Impose Consequences for Loss of Critical Evidence

The loss of crucial physical evidence can be a game-changer in the defense or prosecution of a lawsuit that may follow.  Adjusters must guarantee that critical evidence is protected from the earliest stages of the adjusting process.  An insurance adjuster learned this lesson the hard way in the Nevada Supreme Court case of Fire Insurance Exchange v. Zenith Radio Corp. 103 Nev. 648, 747 P.2d 911 (1987).  In that case, fire destroyed an unoccupied home.  There were no witnesses to the ignition … [Read more...]

LexisNexis Names Nevada Insurance Law As A Top Insurance Law Blog For 2011

The Advisory Board of the LexisNexis Insurance Law Community has selected Mills & Associates' Nevada Insurance Law as one of the nation’s Top Insurance Law Blogs for 2011.  The Advisory Board described what it saw in the winning blogs. The Top Blogs contain some of the best writing out there on insurance law.  They contain a wealth of information for the insurance law community with timely news items, practical information, expert analysis, practice tips, frequent postings, and helpful … [Read more...]

Got Questions?

These posts on the Mills & Associates Nevada Insurance Law blog are published to provide useful insights on Nevada insurance law to our clients and other subscribers. Many times the topics are suggested by recent case law, or issues raised by litigation. As part of our ongoing effort to provide both timely and helpful information, we invite all our readers to submit issues which they would like to see addressed in future blog posts. Likewise, please submit questions concerning prior … [Read more...]

Evidentiary Inferences Allowed At The Court’s Discretion

In the case of Johnson v. Watkins, 70 Nev. 156, 262 P.2d 237 (1953) a truck driver tried to invoke the rule regarding evidentiary inferences in his favor.  According the Nevada Supreme Court an evidentiary inference is: a logical and reasonable conclusion of a fact not presented by direct evidence but which, by process of logic and reason, a trier of fact may conclude exists from the established facts. Although an inference may give rise to a rebuttable presumption in appropriate cases, an … [Read more...]