Strategies, Challenges, and Answers

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...]

More Subrogation?

During these economically troubled times, this office is seeing an upswing in cases that we defend where our opponent is an insurance company seeking subrogation.  In the past, these defense cases were few and far between.  With intercompany arbitrations resolving many of these disputes, it appears to us that where such agreements are not controlling, more and more carriers are opting to file small property damage claims that previously may have just gone uncollected.In addition, we have … [Read more...]

Default Is Not Necessarily Defeat

It’s bound to happen eventually.  A lawsuit gets filed.  The insured is served with a summons and complaint.  But rather than notifying the carrier, the insured defendant does NOTHING.  Under Nevada law, if a defendant does not file an appearance within 20 days after service, the non-answering defendant is in default.  See N.R.C.P. 12(a)(1).  Fortunately all is not lost. Defaults are governed by N.R.C.P. 55 which reads:RULE 55.  DEFAULT (a) Entry.  When a party against whom a judgment … [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...]

Avoiding The Pitfalls Of Policy Limit Demand Letters

How many times a week do busy insurance adjusters receive demands to settle a claim for the amount of the insured’s policy limits?  It doesn’t matter that the damage to the Plaintiff’s car is valued under $500.00 and the chiropractic treatment is less than $1,500.  The Plaintiffs are still asking for the entire per person limit.  And that is not all!  The Plaintiffs want the money on exceptionally short notice, providing the adjuster little or no supporting information.  This Nevada Insurance … [Read more...]