Strategies, Challenges, and Answers

Nevada Court Finds That The Graves Amendment Preempts NRS 482.305.

The Nevada Law Blogs have written a lot about Rental Car Liability and the Graves Amendment.  Those posts need an update as a result of the Findings of Fact, Conclusions of Law and Judgment entered in Avalos v. Estate of Cunningham et al, Eighth Jud. … [Continue reading]

Excess Policy vs. Umbrella Policy: What Is The Difference?

Often the terms Umbrella Insurance and Excess Insurance are used interchangeably.  Is there a difference?  What is it? Let’s start with primary insurance.  Primary insurance is the first layer of insurance.  Primary insurance provides immediate … [Continue reading]

It Is Not Bad Faith To Decline Coverage Where A Genuine Dispute Exists

The case of Arlitz v. GEICO Cas. Co., No. 2:19-cv-00743-CDS-DJA, 2022 U.S. Dist. LEXIS 211433 (D. Nev. Nov. 22, 2022) involves a Son, a Father and a Motorcycle Passenger. The Son loaned his automobile to his Father. The Father crashed the Son’s … [Continue reading]

Nevada Hedonic Damages Update

A recent Order in the Eighth Judicial District Court, Clark County, Nevada excluded the testimony of plaintiff economics expert Dr. Stan Smith regarding his opinions on the loss of enjoyment of life suffered by the Plaintiff. Order Granting … [Continue reading]

Leaving The Scene Of The Accident Is Not By Itself A Basis For Punitive Damages

Hernandez v. VanVeen

As Defendant Driver VanVeen was exiting the I-15 at Charleston, he failed to slow his tractor trailer sufficiently.  His truck hit the back of the Plaintiffs’ car.  The truck scraped the side of the car and kept ongoing.   The car followed the … [Continue reading]