Strategies, Challenges, and Answers

Nevada Does Not Recognize An Independent Tort Action For Spoliation

After remodeling, the Taco Cabana Restaurant was open again for business. But the remodeled decorative ceiling collapsed onto the customers.  People were hurt.  A lawsuit followed.The contractors and the restaurant entered into an agreement to preserve the collapsed ceiling until all lawsuitsregarding the collapse were resolved.  Thereafter, the insurance companies of the contractor and the restaurant became involved.  The insurance companies paid the warehouse fees to store the debris. But … [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...]

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...]

Mills Contributes to DRI’s 2018 Unfair Claims Settlement Practices Act Compendium

DRI has again honored Mike Mills, selecting him to author the Nevada and Utah Chapters in its 2018 Unfair Claims Settlement Practices Act Compendium.  DRI turns to it most respected members from across the country to author state-specific sections to all of its Compendia.  Mike Mills also authored the Nevada Chapter of DRI’s 2016 Duty to Defend Compendium.  A full copy of the UCP Compendium can be ordered from DRI at Order Your Copy Here!.Feel free to preview the Compendium by CLICKING HERE … [Read more...]

When Is A UM/UIM Provider Bound By A Judgment Against The Tortfeasor?

Lucky for John Pietrosh, his parents bought UM/UIM coverage as part of their Allstate auto insurance policy.  Not so lucky for John, one day in July 1966, he was riding his bike when an uninsured driver hit and injured him.His parents reported the accident to their Allstate agent.  The agent responded that the family was “fully covered” and that it would “take care of the whole thing”.The Pietrosh family sued the uninsured driver and sent notice of the suit to Allstate.  Allstate did not … [Read more...]

Medical Liens Are Not A Collateral Source And Are Admissible To Prove Bias

Previously, the Nevada Law Blogs wondered why a Plaintiff had been allowed to have his cake and eat it too.  That Earlier Post told the story of a Plaintiff whose medical providers treated him on liens.  However, before the trial, those same medical providers sold their liens to litigation lenders at a discount.When the defense tried to introduce the amount that the litigation lender paid the medical provider in exchange for the liens, the judge refused, indicating that the amount accepted … [Read more...]

Nevada Follows The “Initial Permission” Rule When Dealing With Questions Of Permissive Use

Normally, it is easy to know whether the person whose name is on the auto insurance policy has liability coverage when operating his or her insured car. But that analysis becomes more difficult when the driver is not a named insured. Nevada Law requires that a liability insurance policy must extend to any person that is operating the vehicle with the “express or implied permission of the named insured.” NRS 485.3091(1)(b). The “omnibus clause” in most insurance policies allows for this type of … [Read more...]

Nevada’s Auto Liability Compulsory Insurance Minimums To Rise

I have been practicing law in Nevada for nearly 30 years. For as long as I can remember, Nevada has required autos registered in this state to have bodily injury automobile liability insurance of at least $15,000 per person / $30,000 per occurrence.  The minimum automobile liability limit for property damages has been set at $10,000 per occurrence.  NRS 485.185 and NRS 485.3091.That is due to change on July 1, 2018. An increase in the minimum limits is set to take effect.  On that date, the … [Read more...]

Not Everyone Agrees That Nevada Will Follow Majority Rule Dismissing Negligent Entrustment / Supervision / Training Where Motor Carrier Admits Course And Scope

Readers of the Nevada Trucking Law Blog know that Nevada Supreme Court has yet to decide whether claims of negligent hiring, training, supervision or retention can survive once an employer has admitted its employee driver was in the course and scope of his/her employment.  The rule stated in McHaffie v. Bunch, 891 S.W.2d 822, 826 (Mo.1995) is that such claims must be dismissed in cases where the employer admits the driver’s employment and course and scope.The Nevada Trucking Law Blog has … [Read more...]

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...]