Victor and Arlene Havas took issue with the way their homeowner’s insurance company, Atlantic Insurance Company valued the property that they lost because of a theft at their home. Mr. & Mrs. Havas submitted their claim to the insurance company seeking recovery of the value of the lost property. The Havas’s insurance policy provided that recovery would be limited to an amount not exceeding either the cost of repair or replacement of the property with material of like kind and … [Read more...]
Replacement Value Not ACV Is The Proper Measure Of Damages In A Homeowner’s Theft Claim Where Policy Provides For Same
March 5, 2012 by
Paper Experts
February 2, 2012 by
When Nevada courts decide whether an expert witness will be allowed to testify, they do not look to the rules set by the U.S. Supreme Court in Daubert v. Merrell Dow Pharm., Inc, 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). See, Dow Chem. Co. v. Mahlum, 114 Nev. 1468, 970 P.2d 98 (1998). Instead, the Nevada Supreme Court is developing its own set of rules to determine whether an expert can give opinion testimony to the jury. As we said in our post a few years back, HERE, the case … [Read more...]
Will The Howell Doctrine Come To Nevada?
December 29, 2011 by
In an earlier post HERE we reported that in Howell v. Hamilton Meats & Provisions, Inc., the California Supreme Court faced the question of what was the appropriate amount of an injured plaintiff’s recovery. Should plaintiff recover the amount billed for the medical treatment? Or should the Plaintiff recover the reduced amount that the health care insurance company had paid to satisfy the doctor’s bill? In Howell, the California Supreme Court found that an injured plaintiff could recover … [Read more...]
Do I Need To Buy The Insurance That The Rental Car Company Offers Me When I Rent A Car In Nevada?
December 12, 2011 by
In Nevada, rental car agents are legally obligated to confirm only two things about you before they rent you a car, that you have a current driver’s license and that the signature you made on the rental contract matches the signature on that driver’s license. See N.R.S. 483.610 and our previous blog post on this topic, HERE. [Insert link to Feb 21, 2011 post on the Insurance Blog] The rental car company is not obligated to ask you if you have insurance. Instead, they will ask you to buy … [Read more...]
Responding To The Anticipated Fallout Of The Haygood And Howell Decisions
December 6, 2011 by
No one is surprised when people who are hurt in accidents go to the doctor’s office for care. In the past, many went to doctors who provided them care through their group health insurance programs. These group healthcare providers usually have pre-negotiated reimbursement agreements with the group health insurance carriers. Those insurance carriers pay the providers a sum certain for each service provided. The pre-negotiated reimbursement agreements normally prevent the doctors from charging … [Read more...]
