The former patient of a Las Vegas doctor sued him. In their suit, the patient and his wife claimed that the doctor had misdiagnosed a cancerous tumor. When it came time to talk settlement, the Plaintiffs demanded a settlement in excess of the policy limit. However, the Plaintiffs said that they would accept the policy limit to resolve the case. When the malpractice claim did not settle, the doctor sued his insurance company Medical Insurance Exchange. The doctor alleged that the … [Read more...]
Archives for 2019
In Deciding Whether To Settle A Claim, The Insurance Company Must Give As Much Consideration To The Interests Of Its Insured As It Gives To Its Own Interests
November 27, 2019 by
The Nevada Supreme Court Sees Its 80,000th Case!
November 25, 2019 by
The Nevada Supreme Court has announced that it has accepted its 80,000th case. The case is Patel v. Patel, a civil appeal from the Eighth Judicial District Family Court. Nevada was granted statehood on October 31, 1864. The Civil War was underway and would not end until April 9, 1865. Thus the Nevada flag bears the motto "Battle Born". The earliest reported opinion from the Nevada Supreme Court that I can find is dated January 1, 1865 and is styled Davis v. Thompson,1 Nev. 17, 1865 Nev. … [Read more...]
Nevada Hospital Liens Do Not Apply To UM Recoveries
November 18, 2019 by
Kathryn Boyer was hurt in a motor vehicle accident with an uninsured driver. Following the accident, she received treatment at Washoe Medical Center. Kathryn had planned ahead and purchased uninsured motorist coverage with Reliance Insurance Company. Reliance paid Kathryn UM benefits in spite of a Hospital Lien that had been served by Washoe Medical Center. When Washoe Medical Center learned about the payment, it sought to foreclose the lien against Reliance hoping to recover the amount … [Read more...]
Nevada’s Pro Hac Vice Rules Are Stricter Than Most
October 24, 2019 by
Do you have a civil matter that needs to be litigated in Nevada but you do not have the time or patience to study for and sit through a three-day bar exam? Mike Mills of Bauman, Loewe, Witt & Maxwell provides the solution! Nevada does not admit attorneys to practice based on reciprocity with any foreign states. See Nevada Supreme Court Rule 42(15). However, pro hac vice admissions are available. Mike Mills has experience serving as local counsel in civil actions for many out-of-state … [Read more...]
Does An Insurer Have A Duty To Defend When Other Insurers Have Already Taken Up The Defense?
October 15, 2019 by
The Nevada Supreme Court has not decided whether an insurance company is obliged to defend when other insurers, who also owe a duty to defend the same insured, have already taken up the defense.. The cases of Commercial Standard Ins. Co. v. Tab Constr., Inc., 94 Nev. 536, 539, 583 P.2d 449, 451 (1978) and Zurich Am. Ins. Co., 720 F. Supp. 2d 1223, 1234 n. 11 (2010) remind us that where Nevada law is silent, Nevada often looks to California law for direction. California law provides that even … [Read more...]
