Strategies, Challenges, and Answers

Archives for 2009

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...]

Sitting In The Cat Bird Seat

Contribution and Good Faith Settlements in Nevada When collecting a Nevada judgment from multiple tortfeasors, innocent bodily injury Plaintiffs are sitting in the catbird seat.  They are able to realize the beneficial effects of Joint and Several Liability by collecting their judgment from any or all of the multiple Defendants.  (Click HERE to learn more about Joint and Several Liability in Nevada.) This rule of Joint and Several Liability will often set off a round of secondary litigation … [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...]

“How Lucky Are You Feeling Today?”

Nevada Minor's Compromises The phone call to Mills & Associates always goes something like this: Adjuster: I was just talking to the _______________ (unrepresented parent / Plaintiff’s attorney, you fill in the blank) and we agreed on a settlement of the minor’s claim of $ __________ (some very nominal amount).  They don’t want to do a minor’s compromise for this Nevada accident.  Can we make a settlement like that without a minor’s compromise? Attorney: (I have always wanted … [Read more...]

Nevada Follows A Modified “Firefighter’s Rule”

The “firefighter’s rule” recognizes that as citizens go about their business, they do silly things that create risks.  House fires are inadvertently started.  Cars die on the freeway due to a failure to fill the tank.  However, citizens also pay taxes to fund the police and fire departments to help out in situations like these.  The “firefigher’s rule” suggests that it is unfair for citizens to pay taxes to fund the police and the firefighters and while at the same time to be at risk to pay … [Read more...]