Strategies, Challenges, and Answers

The Nevada Court of Appeals Follows a Push-Down Model

At the time that the Nevada Law Blogs last treated the Nevada Court System, there was no Nevada Court of Appeals. Since then, things have changed. So how about an update regarding appeals in Nevada.In 2014, the Nevada voters approved the creation of the Nevada Court of Appeals. The Nevada Court of Appeals is subordinate to the Nevada Supreme Court. But this new court would follow a “push down” or “deflective” model. Since 2014, many people still do not understand what this means or how this … [Read more...]

Las Vegas…Thoughts and Prayers

All of us at BLWM appreciate those around the country who are praying for us in Las Vegas.  We are grateful for all the support and concern. The caring emails, texts, and phone calls are too numerous to count.I am thankful that my family was not directly affected by the events in town on Sunday. We have been mobilizing to help.  So many people have been giving blood that the system is overwhelmed.  They have had to bring in new blood trucks from California and Utah.  We are glad to have such … [Read more...]

BLWM attends LVDL Summer Event at TopGolf Las Vegas

Aileen Cohen and Mike Mills of BLWM attended the Las Vegas Defense Lawyer’s Summer Event at TopGolf Las Vegas. Many of the judges and justices from across the state attended.The Event was successful in big part based because of the contributions of many great LVDL’s sponsors but also because of the all of the members who attended.If you have questions about defense, coverage or trucking in Nevada, don’t hesitate to contact Mike Mills or Aileen Cohen at Bauman, Loewe, Witt & Maxwell … [Read more...]

CELEBRATE LABOR DAY ! ! !

The team at Bauman, Loewe, Witt & Maxwell and the Nevada Law Blogs wish all of our clients, friends, business associates and readers a very safe and extremely enjoyable Labor Day Holiday!In 1894 Labor Day was designated a federal holiday to be celebrated on the first Monday in September. The force of American labor has contributed to the high standard of living which we enjoy in the United States.That’s why each year we pay tribute on Labor Day to the creators of so much of our … [Read more...]

The Duty To Defend Continues Through The Entire Litigation

Once the duty to defend arises, the insurer's duty continues throughout the entire litigation.  United Nat'l Ins. Co. v. Frontier Ins. Co., 120 Nev. 678, 687, 99 P.3d 1153, 1158 (Nev. 2004).  The duty to defend continues until final resolution of the claim.  Allstate Ins. Co. v. Miller, 125 Nev. 300, 309, 212 P.3d 318, 325 (2009).  An insurance company may not terminate its duty to defend by depositing the insurance proceeds with the court when the policy terms are ambiguous as to whether the … [Read more...]

An Insured Can Seek A Broad Range Of Damages If An Insurer Wrongfully Fails To Defend

In Nevada, if an insurance company breaches its duty to defend, it can expect to face a wide array of possible damagesIf the insured takes up its own defense, the insurer can expect to pay the reasonable costs incurred by the insurer in the defense of the underlying action.  Jaynes Corp. v. Am. Safety Indem. Co., 925 F. Supp. 2d 1095, 1111 (D. Nev. 2012) vacated due to settlement, No. 2:10-CV-00764-MMD, 2014 WL 8735102 (D. Nev. Dec. 3, 2014); see also Reyburn Lawn & Landscape Designers … [Read more...]

Insurance Fraud Can Be A Lot of Things.

Nevada’s definition of “insurance fraud” is very broad. NRS 686A.2815.  Some may think that it requires presenting papers or evidence to an insurer in order to commit fraud.  However, those people would be incorrect.  Fraud can include concealing information or omitting information material to an insurance matter.  Id. at (1)-(3).A person who knowingly provides false or misleading information as part of an insurance application is committing fraud.  Id. at (1). However, it is fraud to not … [Read more...]

When Will Nevada Allow An Insurer The Right Of Recoupment?

We know that the duty to defend is broader than the duty to indemnify.  Benchmark Ins. Co. v. Sparks, 254 P.3d 617, 620-21 (2011). We also know that once the duty to defend kicks in on one claim, the insurance company is obliged to defend the insured on all claims raised in the Complaint. Jaynes Corp. v. Am. Safety Indem. Co., 925 F. Supp. 2d 1095, 1103 (D. Nev., 2012) vacated due to settlement, No. 2:10-CV-00764-MMD, 2014 WL 8735102 (D. Nev. Dec. 3, 2014)   A common example is the case where a … [Read more...]

Does An Insurer Have A Duty To Defend When Other Insurers Have Already Taken Up The Defense?

The Nevada Supreme Court has not decided whether an insurance company is obliged to defend when other insurers, who also owe a duty to defend the same insured, have already taken up the defense..  The cases of Commercial Standard Ins. Co. v. Tab Constr., Inc., 94 Nev. 536, 539, 583 P.2d 449, 451 (1978) and Zurich Am. Ins. Co., 720 F. Supp. 2d 1223, 1234 n. 11 (2010) remind us that where Nevada law is silent, Nevada often looks to California law for direction.California law provides that even … [Read more...]

Las Vegas Defense Lawyers adds Aileen Cohen to Board

At Bauman Loewe Witt & Maxwell we are pleased to announce that Las Vegas Defense Lawyers (LVDL) members elected Aileen E. Cohen, Esq. to its Board of Directors.  The election took place at the Fifth Annual LVDL Dinner on March 30, 2017.Aileen will be working on LVDL advocacy efforts in support of the civil litigation defense bar before the Nevada Legislature in addition to other ongoing projects to promote LVDL objectives.Las Vegas Defense Lawyers is an organization of attorneys … [Read more...]