The Advisory Board of the LexisNexis Insurance Law Community has selected Mills & Associates' Nevada Insurance Law as one of the nation’s Top Insurance Law Blogs for 2011. The Advisory Board described what it saw in the winning blogs. The Top Blogs contain some of the best writing out there on insurance law. They contain a wealth of information for the insurance law community with timely news items, practical information, expert analysis, practice tips, frequent postings, and helpful … [Read more...]
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These posts on the Mills & Associates Nevada Insurance Law blog are published to provide useful insights on Nevada insurance law to our clients and other subscribers. Many times the topics are suggested by recent case law, or issues raised by litigation. As part of our ongoing effort to provide both timely and helpful information, we invite all our readers to submit issues which they would like to see addressed in future blog posts. Likewise, please submit questions concerning prior … [Read more...]
Where A Criminal Conviction Creates Liability, The Defense Of Comparative Fault Is Still Available
In the 2005 decision of Langdon v. Matamoros, the Nevada Supreme Court said that a conviction on a misdemeanor traffic ticket is not enough to create per se civil liability under N.R.S. 41.133. See our treatment of this case by clicking HERE. But left undecided was question of the scope of liability under N.R.S. 41.133 when the statute was actually triggered. That question was answered in the recent case of Cromer v. Wilson, 126 Nev. Adv. Op. 11 (March 11, 2010). In Cromer, the Defendant had … [Read more...]
Conviction Of A Misdemeanor Traffic Offense Insufficient To Trigger N.R.S. 41.133
N.R.S. 41.133 imposes liability as a matter of law where the Defendant has been convicted of a crime. The statute reads: NRS 41.133 Conviction of crime is conclusive evidence of facts necessary to impose civil liability for related injury. If an offender has been convicted of the crime which resulted in the injury to the victim, the judgment of conviction is conclusive evidence of all facts necessary to impose civil liability for the injury. In the case of Langon v. Matamoros, 121 Nev. … [Read more...]