Smart adjusters have avoided paying a Plaintiff’s verdict and have recovered their own costs and attorney’s fees by properly using Offers of Judgment rules as a defense strategy, even where liability is adverse. However, a Nevada Supreme Court case could cause an unwary adjuster to undervalue the Offer of Judgment and thereby miss out on the advantages that are available under those rules. Don’t sabotage your position while using the Offer of Judgment strategy because you are unaware of … [Read more...]
Archives for 2008
Now Where Are You Going?
November 14, 2008 by
Nevada Jurisdiction Risks Both Plaintiffs and Defendants take a serious risk when litigating in a court that lacks proper jurisdiction. The Nevada Supreme Court has said that subject matter jurisdiction is never waived. Issues of subject matter jurisdiction can be raised at any time during the proceedings, and in almost any manner. Meinhold v. Clark County School District, 89 Nev. 56, 59, 506 P.2d 420, 422 (1973); S. G. & R. Bank v. Milisich, 43 Nev. 373, 390, 233 P.41, 46 (1925); … [Read more...]
Credentialing A Biomechanical Expert In Nevada
November 11, 2008 by
In the recent case of Hallmark v. Eldridge, 124 Nev. 492, 189 P.3d 646 (2008), the Nevada Supreme Court addressed the admissibility of expert witnesses in general and biomechanical experts in particular. In its July 24, 2008 opinion, the Supreme Court did not create an outright exclusion of all biomechanical expert testimony. However, a firm foundation must be laid must before biomechanical testimony can be admitted. The standard for determining whether an expert can be used is found in … [Read more...]
Insurance Carriers May Have 10 Extra Days To Respond
October 30, 2008 by
Although they are few and far between, there are a few perks given to insurance companies that are made Defendants in suits brought against them in Nevada. Under certain circumstances an insurance company named in a summons and complaint may have 30 days to respond instead of the regular 20 days that most other Defendants have. For all the information, please visit the post on our Coverage and Bad Faith Blog by clicking HERE. If you would like to see all the posts on the Mills & … [Read more...]
Commonly Referenced Nevada Statutes
October 24, 2008 by
Attorney’s Fees & Costs: N.R.S. 18.005 and N.R.S. 18.010 Automobile Financial Responsibility N.R.S. 485.3091 and N.R.S. 485.185 Comparative Negligence: N.R.S. 41.141 Disclosing Policy Limits: N.R.S. 690B.042(3) Fair Claims Practices Act: N.R.S. 686A.300 - 686A.315 Joint and Several Liability: N.R.S. 41.141 Limitation of Actions: N.R.S. 11.190 Stacking: N.R.S. … [Read more...]
