In 1962, Mrs. Gunlock was a guest of the New Frontier Hotel. She tripped and fell her way into Nevada premises liability law for half a decade. The Supreme Court of Nevada case of Gunlock v. New Frontier Hotel Corp., 78 Nev. 182, 370 P.2d 682 (1962) reported that, Mrs. Gunlock, who was a paying guest of the New Frontier Hotel, entered the dimly lit New Frontier lobby around 10:00 p.m. and walked 30 feet towards an artist painting in the lobby. A two feet wide planter was placed in front of a … [Read more...]
Archives for 2016
Settlement, Unsettled
November 28, 2016 by
The claimant’s counsel makes a policy limit demand. After receiving authority to settle for the liability limits, you tender the policy limit and your company’s standard Release. Claimant’s counsel rejects the Release. Instead, counsel insists on a Covenant Not to Execute. Why would the attorney do that? This post will hopefully give you more information regarding the distinctions between these two types of settlement documents and the advantages and disadvantages of each. What is the … [Read more...]
Mike Mills Contributes to DRI’s 2016 Uninsured/Underinsured Compendium
November 14, 2016 by
DRI has honored Mike Mills by selecting him to contribute to its 2016 Uninsured/Underinsured Motorist Compendium. DRI turns to it most respected members from across the country to author state-specific sections to all of its Compendia. Mike Mills was selected to author the Nevada section of the 2016 Uninsured/Underinsured Motorist Compendium. A full copy the Compendium can be ordered from DRI at UM/UIM Compendium . Feel free to preview the Compendium . The Nevada section by Mike Mills can be … [Read more...]
When Is It Too Late For A UM/UIM Carrier To Intervene In The Underlying Litigation?
October 15, 2016 by
Eric and Erwin Lopez were hurt when a negligent and underinsured driver hit their car. They sued the driver. As discovery progressed, Eric and Erwin convinced the driver to settle. However, they would not give the negligent driver a release. Instead, they offered the driver a Covenant Not to Execute against him in excess of his bodily injury liability limits. The negligent and underinsured driver accepted. The bodily injury liability limits were paid and the Covenant provided. However, … [Read more...]
The Attorney And The Hospital Have Competing Liens. How Can The Company Safely Settle?
August 4, 2016 by
You are familiar with this scenario. The claimant is willing to sign a release in exchange for your insured’s policy limit. However, the claimant, the attorney and the hospital, all legitimate lienholders, can’t agree on how to divide up the money. Sometimes there is just not enough money to go around. It seems like a no win situation. If the insurance company pays the settlement proceeds to the attorney without protecting the hospital lien, the hospital could pursue the insurance … [Read more...]
