Nevada’s definition of “insurance fraud” is very broad. NRS 686A.2815. Some may think that it requires presenting papers or evidence to an insurer in order to commit fraud. However, those people would be incorrect. Fraud can include concealing information or omitting information material to an insurance matter. Id. at (1)-(3). A person who knowingly provides false or misleading information as part of an insurance application is committing fraud. Id. at (1). However, it is fraud to not … [Read more...]
Archives for 2017
When Will Nevada Allow An Insurer The Right Of Recoupment?
June 19, 2017 by
We know that the duty to defend is broader than the duty to indemnify. Benchmark Ins. Co. v. Sparks, 254 P.3d 617, 620-21 (2011). We also know that once the duty to defend kicks in on one claim, the insurance company is obliged to defend the insured on all claims raised in the Complaint. Jaynes Corp. v. Am. Safety Indem. Co., 925 F. Supp. 2d 1095, 1103 (D. Nev., 2012) vacated due to settlement, No. 2:10-CV-00764-MMD, 2014 WL 8735102 (D. Nev. Dec. 3, 2014) A common example is the case where a … [Read more...]
Las Vegas Defense Lawyers adds Aileen Cohen to Board
April 18, 2017 by
At Bauman Loewe Witt & Maxwell we are pleased to announce that Las Vegas Defense Lawyers (LVDL) members elected Aileen E. Cohen, Esq. to its Board of Directors. The election took place at the Fifth Annual LVDL Dinner on March 30, 2017. Aileen will be working on LVDL advocacy efforts in support of the civil litigation defense bar before the Nevada Legislature in addition to other ongoing projects to promote LVDL objectives. Las Vegas Defense Lawyers is an organization of attorneys … [Read more...]
Nevada’s Exclusive Remedy Provision Prevents Employees From Suing Insured Employers For On-The-Job Injuries In Nearly All Cases
March 22, 2017 by
“Have you been injured?” is a common question posed by personal injury attorneys who are looking for new clients. But just because a person was injured in an accident does not mean that the injured person can prevail in a negligence suit against the person causing the harm. Take for example, a person injured on the job. Under Nevada law, if a person is injured in the course and scope of employment, the injured worker cannot succeed in a suit against a properly insured employer except under … [Read more...]
One Or Two Prior Accidents Not Enough To Sustain Negligent Entrustment Cause Of Action.
March 9, 2017 by
James Lewis was president of American Savings and Loan. One of the perks that Mr. Lewis enjoyed as president of the company was a company leased auto. Mr. Lewis allowed Mrs. Mary Ann Lewis to use the company car from time to time. One day while she was out on a drive, Mrs. Lewis caused an accident in which Virginia Cooke, the other driver, was injured. Before Mrs. Cooke could file suit she died but her survivors filed suit in her behalf. The suit included a claim of vicarious liability … [Read more...]
