In March, 2011, the Nevada Law Blogs described the advantages of consistent enforcement of the discovery rules that require the Plaintiff to disclose and compute their damages. Fed. R. Civ. P. 26(a)(1)(A)(iii) and Nev. R. Civ. P. 16.1(a)(1)(D). HERE. Since that time, a number of courts in Nevada have sanctioned Plaintiffs for untimely disclosure of damages. In the case of Shakespear v. Wal-Mart Stores, Inc., No. 2:12-cv-01064-MMD-PAL, 2013 U.S. Dist. LEXIS 100644 (D. Nev. July 8, 2013), … [Read more...]
Archives for February 2016
Once An Insured Proves Coverage, The Burden Shifts To the Insurer To Prove An Exception Or Exclusion
February 23, 2016 by
In Nevada Insurance Coverage lore, Victor Havas is legend. Cases involving Mr. Havas answer so many insurance coverage questions. What duty does an insurance agent owe to a customer? Havas v. Carter, 515 P.2d 397, 89 Nev. 497 (1973). For more information, see here. When is replacement value the appropriate measure of damages rather than actual case value? Havas v. Atlantic Ins. Co., 95 Nev. 415, 596 P.2d, 246 (1979). here. How can an insurance company avoid a waiver when it investigates a … [Read more...]
