Readers of the Nevada Trucking Law Blog know that Nevada Supreme Court has yet to decide whether claims of negligent hiring, training, supervision or retention can survive once an employer has admitted its employee driver was in the course and scope of his/her employment. The rule stated in McHaffie v. Bunch, 891 S.W.2d 822, 826 (Mo.1995) is that such claims must be dismissed in cases where the employer admits the driver’s employment and course and scope. The Nevada Trucking Law Blog has … [Read more...]
Not Everyone Agrees That Nevada Will Follow Majority Rule Dismissing Negligent Entrustment / Supervision / Training Where Motor Carrier Admits Course And Scope
When Will Nevada Allow An Insurer The Right Of Recoupment?
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...]
Two For The Price Of One! Mike Mills Authors Two Articles That Appear In The Most Recent Issue Of DRI’s Covered Events Newsletter.
Mike Mills’s article on the care, custody or control exclusion found in the general liability form policy was featured on DRI’s Covered Events online newsletter in 2013 Issue 1. If you are interested in Mike’s conclusions on this interesting insurance coverage issue, you can read the article HERE. In addition, Mike’s report on the recent Nevada Supreme Court case of Physicians Ins. Co. v. Williams, 128 Nev. Adv. Op. 30, 279 P.3d 174 (2012) can be found in the same issue HERE. Keep an eye … [Read more...]