In the recent case of Clark County School District v. Richardson Construction, Inc., 123 Nev. Adv. Op. 39 (2007), the Nevada Supreme Court reiterated its position that Nevada’s waiver of sovereign immunity would be strictly enforced. Sometimes, a governmental entity, such as a city or a county, will be a co-defendant in a case involving our client. Where a governmental entity is involved, issues related to sovereign immunity must be considered. The rule is that unless the government … [Read more...]
Archives for June 2008
Tired Of Arbitration? Additional Adr Options
June 12, 2008 by
n Clark and Washoe counties, where a civil case has a value of $50,000 or less, the parties usually participate in Mandatory Court-Annexed Arbitration. However, under N.R.S. 38.258 and the Nevada Supreme Court Rules Governing Alternative Dispute Resolution, the parties can agree to use other alternative dispute resolution options in lieu of, during or following non-binding arbitration. For example, the parties can opt out of the court-annexed arbitration program and opt … [Read more...]
UM / UIM
June 6, 2008 by
Nevada law provides that UM coverage must be offered and must include UIM protection. N.R.S. 687B.145. UIM protection is excess type coverage rather than reduction type coverage. Consumer can waive UM coverage but this waiver must be done in writing. The amount offered must equal the amount of BI liability coverage. Mid-Century Ins. Co. v. Daniel, 101 Nev. 433; 705 P.2d 156 (1985). The UIM carrier has no right of subrogation against a driver who has purchased at least the minimum … [Read more...]
