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...]
Archives for December 2011
The Time Clock On Statutes Of Limitation For Contribution And Indemnity Claims Does Not Start Running Until After Judgment Is Entered
December 12, 2011 by
Nevada law provides generally that a negligent defendant should pay only that share the of damage that he or she caused. That legal concept, known as several liability, is codified in NRS 41.141. However, the Nevada Supreme Court has interpreted that statute to provide a number of exceptions to the general rule of several liability. [See HERE for example] If a plaintiff falls into one of those exceptions, he or she will enjoy the benefit of joint and several liability. The end result is that a … [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...]
