Strategies, Challenges, and Answers

Archives for 2010

The Futility Of Summary Disposition Of Cases In Clark County, Nevada

“Why Should I Even Try?” I don’t know how many times during my first meeting with the client, I have heard recitations about how unjust it is that the client has to defend against facially unsupportable allegations.  “Why don’t you just file a Motion and get us out of this case?” they ask.  My answer has always been “If only it were that easy!” When giving that answer, I wasn’t trying to be inconsiderate.  I was just passing on to the client what I had learned by experience; in Nevada State … [Read more...]

What Constitutes A Sudden Emergency?

It happens, you are driving down the street and suddenly a dog, or child darts out in front of your vehicle, you slam on the brakes, or swerve, and BAM, you’ve hit something or worse someone.  Or you were able to stop in time, but the car behind didn’t, and BAM, hit from behind.  Or the car in front of you suddenly stopped and you struck it. Whether or not you were at fault in any of the above scenarios may depend on whether or not your conduct qualifies under the Sudden Emergency Doctrine. … [Read more...]

Got Questions?

These posts on the Mills & Associates Nevada Insurance Law blog are published to provide useful insights on Nevada insurance law to our clients and other subscribers. Many times the topics are suggested by recent case law, or issues raised by litigation.As part of our ongoing effort to provide both timely and helpful information, we invite all our readers to submit issues which they would like to see addressed in future blog posts.Likewise, please submit questions concerning prior … [Read more...]

Evidentiary Inferences Allowed At The Court’s Discretion

In the case of Johnson v. Watkins, 70 Nev. 156, 262 P.2d 237 (1953) a truck driver tried to invoke the rule regarding evidentiary inferences in his favor.  According the Nevada Supreme Court an evidentiary inference is: a logical and reasonable conclusion of a fact not presented by direct evidence but which, by process of logic and reason, a trier of fact may conclude exists from the established facts. Although an inference may give rise to a rebuttable presumption in appropriate cases, an … [Read more...]

More Subrogation?

During these economically troubled times, this office is seeing an upswing in cases that we defend where our opponent is an insurance company seeking subrogation.  In the past, these defense cases were few and far between.  With intercompany arbitrations resolving many of these disputes, it appears to us that where such agreements are not controlling, more and more carriers are opting to file small property damage claims that previously may have just gone uncollected.In addition, we have … [Read more...]