Strategies, Challenges, and Answers

A Witness Not Timely Disclosed Cannot Be Used At Trial Unless The Failure To Disclose Is Substantially Justified

Gidget Swanson claimed injury from a motor vehicle accident.  She said that a red car hit her from behind and pushed her into the car ahead of her.  She said that the red car drove away and was never identified.  She presented an uninsured motorist claim to her auto insurance company Acuity.  The claim was not resolved and went to trial.   At trial, a jury found Acuity liable for compensatory damages in the amount of $150,000.  The jury said that Acuity had breached its contract with Ms. … [Read more...]

Happy New Year!

May 2024 bring new opportunities, success at every step and countless reasons to celebrate! We wish you health and prosperity in the coming year and beyond. Happy New Year! … [Read more...]

Season’s Greetings

I really enjoy this time of year.  It means that I get to spend more time with my family and splurge eating some foods that I would otherwise shun. I hope that all of the readers of the Nevada Law Blogs will also be sipping something warm, eating a little too much and staying safe out of the weather.  Most importantly, I hope that you all will be sharing this wonderful Season with those you love. From all of us to all of you, have a Happy Holiday.   … [Read more...]

Nevada Is Not A Direct Action State

In October 2017, Ronald Law was involved in a motor vehicle accident.  In June 2021, he filed a Complaint and then an Amended Complaint against Progressive (the tortfeasor’s insurer) and against Progressive’s adjuster.  The Complaint alleged: Negligence; Abuse of Process; Fraud; Violation of HIPAA and Patient Confidentiality Laws, Statutes, Regulations and Practices; Negligent Infliction of Emotional Distress ("NIED"); Defamation; Injurious … [Read more...]

In Nevada, An Insurance Agent Or Broker Is Generally An Agent Of The Insured, Not The Insurer

It was a terrible fire.  On November 21, 1980, 85 people died when a refrigerated pastry display caught fire at the MGM Grand in Las Vegas.  The Grand Hotel Gift Shop was destroyed in the fire.  The Gift Shop suffered almost a $1,000,000 in business interruption damages.   The Gift Shop sued its insurance broker, and the insurance company that wrote its business interruption insurance, Granite State Insurance.  Prior to trial, the Gift Shop settled with the broker and resolved several of its … [Read more...]