Strategies, Challenges, and Answers

Auto Insurance Carriers Cannot Compel Arbitration, But It Never Hurts To Ask

Most auto insurance policies include a provision that allows the insurance company and the insured to arbitrate first party disputes.  However, attempts to compel arbitration under auto insurance contracts are forbidden in Nevada: NRS 690B.017 provides:NRS 690B.017  Provisions for arbitration not binding.  No provision for arbitration contained in an automobile liability or motor vehicle liability insurance policy delivered, issued for delivery or renewed in this State is binding upon the … [Read more...]

Can’t Keep A Good Offer Of Judgment Down.

Anyone familiar with our blog knows that Mills & Associates is a proponent of the Nevada Offer of Judgment rules.  Recently the Nevada Supreme Court provided yet another reason why Offers are worth making. In Re Estate of Miller, 125 Nev. Adv. Op. 42, 216 P.3d 239  (September 9, 2009).Miller involved a will contest in which the Defendant made Offers of Judgment to the Plaintiffs.  At trial the Plaintiffs prevailed and the Defendant appealed.  On appeal the Nevada Supreme Court reversed … [Read more...]

The Five-Year Rule: Mandatory Dismissal If Case Not Brought To Trial Within Five Years

Under Nevada Rule of Civil Procedure 41(e), the court is obliged to dismiss any suit that is not brought to trial within five years.  The Rule states:     (e) Want of Prosecution.  The court may in its discretion dismiss any action for want of prosecution on motion of any party or on the court's own motion and after due notice to the parties, whenever plaintiff has failed for 2 years after action is filed to bring such action to trial. Any action heretofore or hereafter commenced shall be … [Read more...]

Never Say Never

Why it may be ill advised for an insurance company to say that it will never go off panel to assign work to insurance defense attorneys...Recently, Mills & Associates logged into a webcast sponsored by an insurance industry organization.  The webcast’s expert panel was convened to discuss how defense attorneys could better improve the “insurance defense relationship”.As I listened to the panel members, it was reinforced to me how much insurance companies like to follow predetermined … [Read more...]

Outstanding Client Service Requires Continuing Legal Education

Like many other professionals, Nevada attorneys are required to take 12 credits of continuing legal education, or “CLE” each year. To obtain CLE credits in Nevada, attorneys attend lectures and seminars taught by respected attorneys, judges, scholars and similar speakers.   The courses can cover a variety of topics involving virtually all areas of practice.The attorneys at Mills and Associates always meet and usually exceed the requirements set by the State Bar of Nevada.  This is because … [Read more...]