Strategies, Challenges, and Answers

The Nevada Supreme Court Overturns Wrongful Death Judgment Against Cow’s Owner. Facts Prevail Over Attorney Errors.

Michael Adams died when his car hit a cow belonging to Susan Fallini. Nevada Law Blog readers know from this earlier post that Nevada Is An Open Range State. Ms. Fallini asserted the “Open Range” defense pursuant to NRS 568.360 claiming the total defense that is available to her under that statute. NRS 568.360 Duties of owners of domestic animals with respect to domestic animals upon highway.No person, firm or corporation owning, controlling or in possession of any domestic animal … [Read more...]

Mike Mills Contributes to DRI’s 2016 Uninsured/Underinsured Compendium

DRI has honored Mike Mills by selecting him to contribute to its 2016 Uninsured/Underinsured Motorist Compendium. DRI turns to it most respected members from across the country to author state-specific sections to all of its Compendia. Mike Mills was selected to author the Nevada section of the 2016 Uninsured/Underinsured Motorist Compendium. A full copy the Compendium can be ordered from DRI at UM/UIM Compendium .Feel free to preview the Compendium . The Nevada section by Mike Mills can be … [Read more...]

When Is A UM/UIM Provider Bound By A Judgment Against The Tortfeasor?

Lucky for John Pietrosh, his parents bought UM/UIM coverage as part of their Allstate auto insurance policy. Not so lucky for John, one day in July 1966, he was riding his bike when an uninsured driver hit and injured him.His parents reported the accident to their Allstate agent. The agent responded that the family was “fully covered” and that it would “take care of the whole thing”.The Pietrosh family sued the uninsured driver and sent notice of the suit to Allstate. Allstate did not … [Read more...]

Nevada’s Pro Hac Vice Rules Are Stricter Than Most

Do you have a civil matter that needs to be litigated in Nevada but you do not have the time or patience to study for and sit through a three day bar exam? Mike Mills of Bauman, Loewe, Witt & Maxwell provides the solution! Nevada does not admit attorneys to practice based on reciprocity with any foreign states. See Nevada Supreme Court Rule 42(15). However, pro hac vice admissions are available. Mike Mills has experience serving as local counsel in civil actions for many out-of-state … [Read more...]

When Is It Too Late For A UM/UIM Carrier To Intervene In The Underlying Litigation?

Eric and Erwin Lopez were hurt when a negligent and underinsured driver hit their car. They sued the driver. As discovery progressed, Eric and Erwin convinced the driver to settle. However, they would not give the negligent driver a release. Instead, they offered the driver a Covenant Not to Execute against him in excess of his bodily injury liability limits. The negligent and underinsured driver accepted. The bodily injury liability limits were paid and the Covenant provided. However, … [Read more...]