Strategies, Challenges, and Answers

In Deciding Whether To Settle A Claim, The Insurance Company Must Give As Much Consideration To The Interests Of Its Insured As It Gives To Its Own Interests

The former patient of a Las Vegas doctor sued him.  In their suit, the patient and his wife claimed that the doctor had misdiagnosed a cancerous tumor.When it came time to talk settlement, the Plaintiffs demanded a settlement in excess of the policy limit.  However, the Plaintiffs said that they would accept the policy limit to resolve the case.When the malpractice claim did not settle, the doctor sued his insurance company Medical Insurance Exchange.  The doctor alleged that the … [Read more...]

The Nevada Supreme Court Sees Its 80,000th Case!

The Nevada Supreme Court has announced that it has accepted its 80,000th case.  The case is Patel v. Patel, a civil appeal from the Eighth Judicial District Family Court.Nevada was granted statehood on October 31, 1864.  The Civil War was underway and would not end until April 9, 1865.  Thus the Nevada flag bears the motto "Battle Born".The earliest reported opinion from the Nevada Supreme Court that I can find is dated January 1, 1865 and is styled Davis v. Thompson,1 Nev. 17, 1865 Nev. … [Read more...]

Nevada Hospital Liens Do Not Apply To UM Recoveries

Kathryn Boyer was hurt in a motor vehicle accident with an uninsured driver.  Following the accident, she received treatment at Washoe Medical Center.Kathryn had planned ahead and purchased uninsured motorist coverage with Reliance Insurance Company.  Reliance paid Kathryn UM benefits in spite of a Hospital Lien that had been served by Washoe Medical Center.When Washoe Medical Center learned about the payment, it sought to foreclose the lien against Reliance hoping to recover the amount … [Read more...]

Nevada’s Pro Hac Vice Rules Are Stricter Than Most

Do you have a civil matter that needs to be litigated in Nevada but you do not have the time or patience to study for and sit through a three day bar exam?  Mike Mills of Bauman, Loewe, Witt & Maxwell provides the solution! Nevada does not admit attorneys to practice based on reciprocity with any foreign states.  See Nevada Supreme Court Rule 42(15).  However, pro hac vice admissions are available.  Mike Mills has experience serving as local counsel in civil actions for many out-of-state … [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...]

Negligent Entrustment Of Motorcycle Not Covered By Homeowner’s Policy

Mr. Gregory had a motorcycle.  It was a piece of work.  The tires were bald.  The front tire was underinflated.  The rear tire was overinflated.  Mr. Gregory loaned the motorcycle to his son Jimmey. But to be safe, Mr. Gregory gave his son a couple of modified helmets.Jimmey was taking Phillip Senteney on a ride on the bike. Jimmey crashed.  Phillip was hurt.Mr. Gregory had motorcycle insurance with $100,000 in liability coverage.  Phillip Senteney’s dad was not satisfied. He refused … [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...]

CELEBRATE INDEPENDENCE 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 Independence Day Holiday!As we celebrate the July 4, 1776 signing of the Declaration of Independence, let’s reflect on a few important words from that life altering document: We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, … [Read more...]

An Auto Insurance Company’s Refusal To Pay Claim, Standing Alone, Is Not Bad Faith

Ashley Aiello filed suit against her auto carrier Geico General Insurance Company.  She alleged that she was hurt when an unidentified driver struck her car and fled the scene.She said that she filed an uninsured motorist claim with Geico.  She filed suit when as she alleged Geico refused to pay her UM benefits.  Aiello’s suit included causes of action for breach of contract and bad faith.In Aiello v. Geico Gen. Ins. Co., No. 2:19-cv-00610-APG-VCF, 2019 U.S. Dist. LEXIS 84191 (D. Nev. … [Read more...]

The Immense Sacrifice Of Our Fallen Heroes Must Always Be Remembered . . .

“Was it worth it?”This is a question, sometimes politically-loaded, that is often asked of family members and war buddies of our Fallen Heroes.Marine Corps General John Kelly recently offered a unique perspective. A veteran of Iraq and Afghanistan himself, General Kelly lost his youngest son, First Lieutenant Robert Kelly, while conducting combat operations in Helmand Province in 2010.General Kelly was asked if the loss was worth it by a reporter with National Public Radio. He said, … [Read more...]