Strategies, Challenges, and Answers

If The Truck Is Big, Is More Insurance Required?

Las Vegas is a popular convention destination.  The largest convention venue in town is the Las Vegas Convention Center, which touts over 4.6 million square feet of convention space.  Event planning professionals keep busy, helping their clients set up, present and then take down the displays that fill these convention spaces.   One such event planning organization is CCR Solutions.  CCR Solutions advertises on its website that it is a leader within the Audio Visual Staging Industry.  CCR … [Read more...]

What Is An “Occurrence”?

In the case of Bish v. Guaranty Nat’l Ins. Co., 109 Nev. 133; 848 P.2d 1057; 1993 Nev. LEXIS 26, the Nevada Supreme Court examined the question of what is an “occurrence”. The facts are these.   Four-year-old Christina Rose was playing on the sidewalk near the driveway of the neighbor, Ms. Alderson.  At that moment, Ms. Alderson chose to back her vehicle out of the drive.  Ms. Alderson accidently backed over the child.  A neighbor saw the accident and screamed.  Ms. Alderson put her vehicle … [Read more...]

To What Extent Can An Insurance Company Rescind Coverage On A Nevada Auto Policy?

Regular readers of this blog may want to jump in and immediately answer that an insurance company cannot rescind auto coverage post-accident.  We learned that principle in the blog post HERE about Torres v. Nev. Direct Ins. Co., 131 Nev. 531, 353 P.3d 1203, 2015 Nev. LEXIS 61 (2015). That is because Nevada's Financial Responsibility Law , NRS 485.3091 imposes compulsory coverage after the accident has happened.  In the Torres case, the court ruled that the breach of the insured’s duty to … [Read more...]

Jury Nullification Is A No-No

Gregory Lioce was involved in a multi-vehicle traffic crash.  Identifying the at-fault driver was difficult.  Gregory Lioce argued that Dana Cohen changed lanes into him.  Dana Cohen said Mr. Lioce turned left into her.  Mr. Lioce was then rear-ended by John Wilson, who argued that he was not negligent because he had been cut off.   In closing at trial, counsel for Wilson argued in favor of the jury sending a message.  Counsel said: the only way that people and their lawyers will stop … [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...]

Nevada Allows Right Of Reimbursement Of Defense Costs

In 2019, Nevada Coverage Law asked whether Nevada would follow the California case of Buss v. Superior Court, 16 Cal. 4th 35, 49, 939 P.2d 766 (1997) and allow Nevada insurance companies the right to seek reimbursement for uncovered defense cost.  We said that Nevada often looks to California for direction on topics of law not yet addressed in Nevada.  See Zurich Am. Ins. Co. v. Coeur Rochester, Inc., 720 F. Supp. 2d 1223, 1234 n. 11; see also Commercial Standard Ins. Co. v. Tab Constr., 94 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...]

By A Preponderance Of Evidence

In civil cases, a Nevada Plaintiff has the burden of proof.  But what standard of proof must that Plaintiff meet to prevail?  In a civil case, the standard of proof in Nevada is “by a preponderance of evidence”.   The case of Deiss v. S. Pac. Co., 56 Nev. 169, 53 P.2d 332 (1936) provides a great explanation as to what it means to prove something “by a preponderance of evidence”.  This case involves a crash between a car and a train.  The jury found in favor of the deceased driver’s estate … [Read more...]

Just, Speedy, and Inexpensive

Does anyone else have a favorite Rule of Civil Procedure?  I do.  It is Rule 1, particularly the last sentence which says that the Rules of Civil Procedure “should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding.” I find myself turning to this rule more and more as I prepare papers for the court.  No doubt that the Courts are dedicated to these three principles.   As to the … [Read more...]

What Happens If You Split Causes of Action?

Nevada follows the rule that a Plaintiff may not file two separate suits arising from the same set of facts.  The consequence of trying to split causes of action is that if requirements of the rule are satisfied, the second suit will be dismissed.   The Nevada Supreme Court said: As a general proposition, a single cause of action may not be split and separate actions maintained. Reno Club v. Harrah Et Al., 70 Nev. 125, 260 P.2d 304 (1953). The wrongful act of the defendant creates the … [Read more...]