Strategies, Challenges, and Answers

Settlement, Unsettled

The claimant’s counsel makes a policy limit demand. After receiving authority to settle for the liability limits, you tender the policy limit and your company’s standard Release.  Claimant’s counsel rejects the Release.  Instead, counsel insists on a Covenant Not to Execute.  Why would the attorney do that? This post will hopefully give you more information regarding the distinctions between these two types of settlement documents and the advantages and disadvantages of each. What is the … [Read more...]

Accident Reconstructionist Not Required for Low Impact Defense at Trial

The Nevada Supreme Court held in a minor rear end accident case that Accident Reconstruction experts are not necessary for mounting low impact defenses. Mr. Simao and his wife filed a claim against Ms. Rish claiming bodily injuries following an unremarkable rear end accident in stop and go traffic where no one was transported from the scene.  Prior to trial, the Court granted Plaintiffs’ pretrial motion to forbid Rish, her medical expert and her witnesses from testifying, arguing or … [Read more...]

Eat Lunch with the Judges and Improve Your Practice

Who says that there is no free lunch?  On the second Tuesday of every month in Courtroom 15D or 15B at 12:05 PM, lunch is free and the conversation is lively at the Civil Bench Bar meetings.  The Nevada office of Bauman Loewe Witt & Maxwell had the pleasure of sponsoring April’s Civil Bench Bar luncheon allowing attorney Aileen Cohen to speak with the attendees about our firms practice areas and services, including the Trucking, Insurance and Coverage and Bad Faith law blogs. But food and … [Read more...]