Sarah Alcantara’s dad died following an assault in a Wal-Mart parking lot. Sarah was a minor. Sarah’s mom hired an attorney to recover from Wal-Mart. The attorney filed suit for the wrongful death of Sarah’s dad. NRS 41.085 provides that intestate heirs can recover for wrongful death and recover for their grief or sorrow, loss of probable support, companionship, society, comfort and consortium, and damages for pain, suffering or disfigurement of the decedent. NRS 41.085(4). Sarah was … [Read more...]
Where An Insurance Company Breaches Its Duty To Defend, It Can Be Liable For An Excess Verdict Even If The Company Did Not Act In Bad Faith
Ryan Pretner suffered critical injuries when he was hit by a truck driven by Michael Vasquez. Mr. Vasquez’s truck was covered by two auto policies, his personal policy, and his business auto policy. His personal insurance with Progressive had a limit of $100,000 per person. His commercial auto policy with Century Surety Company had a $1,000,000 limit. Century Surety conducted an investigation and determined that Mr. Vasquez was not in the course and scope of his business as an auto … [Read more...]
What The Heck Is An Automobile Operator’s Insurance Policy?
The State of Nevada compels automobile drivers to have insurance. You can learn more about Nevada’s Compulsory Insurance Law HERE. There are two ways to satisfy the compulsory insurance requirement. Most people are familiar with the Nevada law that requires the OWNER of a motor vehicle to continuously maintain insurance. This “Owner’s” coverage is the type of insurance that most people are familiar with. However, Nevada law allows for an alternative way to satisfy the compulsory … [Read more...]
Nevada’s Auto Liability Compulsory Insurance Minimums Have Risen
I have been practicing law in Nevada for nearly 30 years. For as long as I can remember, Nevada has required autos registered in this state to have bodily injury automobile liability insurance of at least $15,000 per person / $30,000 per occurrence. The minimum automobile liability limit for property damages has been set at $10,000 per occurrence. NRS 485.185 and NRS 485.3091. That changed on July 1, 2018. An increase in the minimum limits took effect. On that date, the required bodily … [Read more...]
Nevada Does Not Recognize An Independent Tort Action For Spoliation
After remodeling, the Taco Cabana Restaurant was open again for business. But the remodeled decorative ceiling collapsed onto the customers. People were hurt. A lawsuit followed. The contractors and the restaurant entered into an agreement to preserve the collapsed ceiling until all lawsuitsregarding the collapse were resolved. Thereafter, the insurance companies of the contractor and the restaurant became involved. The insurance companies paid the warehouse fees to store the debris. But … [Read more...]