Strategies, Challenges, and Answers

Archives for November 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

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...]

The Nevada Supreme Court Sees Its 80,000th Case!

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

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...]