Normally, it is easy to know whether the person whose name is on the auto insurance policy has liability coverage when operating his or her insured car. But that analysis becomes more difficult when the driver is not a named insured. Nevada Law requires that a liability insurance policy must extend to any person that is operating the vehicle with the “express or implied permission of the named insured.” NRS 485.3091(1)(b). The “omnibus clause” in most insurance policies allow for this type of … [Read more...]
Back to Basics: The Elements Of A Nevada Negligence Claim
August 22, 2014
Sometimes it is good to get back to basics. Let’s quickly review what it takes to prove a negligence claim in Nevada. The case of Turner v. Mandaly Sports Entm’t, LLC, 124 Nev. 213, 180 P.3d 1172 (2008) reminds us of the elements of that cause of action.Mr. & Mrs. Turner owned season tickets to watch the Las Vegas 51s play baseball. They knew that batters could hit foul balls into the stands. Like at most ball parks, the stands had screens to prevent foul balls from hitting the … [Read more...]
“Reasonable Rental Cost” Not “Financing Cost” Is The Proper Measure Of Damages For Loss Of Use
August 13, 2014
Disputes over the value of loss of use are common. Sometimes these disputes are small such as the loss of use of a car following an auto accident. Other times, the dispute involves a much bigger piece of equipment. For example, Asphalt Products Company (APCO) arranged to sell a used bulldozer tractor to All Star Ready Mix. The agreed sales price was $467,000. The sale was memorialized in a written “Intent to Purchase”. APCO then transferred the use of the tractor to All Star. It immediately … [Read more...]
#TBT Nevada’s Guest Statute Declared Unconstitutional
July 31, 2014
On Social Media, people like to celebrate “Throw Back Thursday”. On Thursdays, with a reference to hashtag #TBT, people post old photos of themselves, their families and their cities. In that tradition, this post qualifies as a legal “Throw Back Thursday” on the topic of Nevada’s Guest Statute.Back in 1975, Nevada ’s Guest Statute prevented any person who was a non-paying guest passenger from suing the driver of the car for negligence. NRS 41.180. … [Read more...]
We are Always Looking for One or Two More Good Clients . . . Even When Business is Great
July 18, 2014
One of the questions frequently asked is whether we are accepting new clients.While the short answer is “Yes”, here is some additional information which many people find interesting.Our law firm, Mills & Associates is committed to client service and quality legal representation for each and every client. That means that we only accept clients who we feel are a good match for our expertise, experience and areas of practice. … [Read more...]
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