Mr. Alm bought his Homeowner’s Policy from Hartford Fire Ins. Co. He got sued for bodily injuries. The First Cause of Action of the Complaint alleged that the injury happened because of Mr. Alm’s negligence. But the Second Cause of Action alleged that the injury was a result of a violent and intentional assault on the part of Mr. Alm. Mr. Alm presented the suit to Hartford. Hartford admitted that it has insured Mr. Alm but it refused to defend him. The argument was that the claim for … [Read more...]
Nevada Court Finds That The Graves Amendment Preempts NRS 482.305.
April 24, 2023 by
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. Dist. Ct. Case No. A-22-862769-C (Apr. 14, 2023). The Avalos case involves a woman who rented a vehicle from Budget Car and Truck Rental of Las Vegas. While driving the rented car, the renter was involved in a parking lot accident. Avalos … [Read more...]
Excess Policy vs. Umbrella Policy: What Is The Difference?
April 20, 2023 by
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 coverage upon an occurrence or a loss as described by the policy. Fireman's Fund Ins. Co. v. Md. Cas. Co., 65 Cal. App. 4th 1279, 1304, 77 Cal. Rptr. 2d 296, 311 (1998). Primary insurers generally have the primary duty of defense. Olympic Ins. … [Read more...]
It Is Not Bad Faith To Decline Coverage Where A Genuine Dispute Exists
April 6, 2023 by
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 auto into the Plaintiff, who was a passenger on a motorcycle. Plaintiff sustained permanent brain injuries. The Son’s insurance was Mid-Century. The Motorcycle insurance was with Progressive Direct. The Father had insurance with GEICO. … [Read more...]
Nevada Hedonic Damages Update
February 25, 2023 by
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 Defendants Motion in Limine. Jones v. Kelly, Eighth Jud. Dist. Ct. Case No. A-19-803468-C (December 12, 2022). Plaintiff was injured in a motor vehicle accident. Plaintiff retained Dr. Stan Smith to provide opinions regarding the loss of household … [Read more...]
Leaving The Scene Of The Accident Is Not By Itself A Basis For Punitive Damages
February 16, 2023 by
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 truck. As the truck tried to merge to the left lane it hit the car again because the car was in the truck’s blind spot. The truck then stopped. In Hernandez v. VanVeen, No. 2:14-CV-1493 JCM (CWH), 2017 U.S. Dist. LEXIS 161886 (D. Nev. Sep. 29, 2017), … [Read more...]
Hedonic Damages in Nevada
February 14, 2023 by
In Banks v. Sunrise Hospital, 120 Nev. 822, 102 P.3d 52 (2004) Nevada joined those states which allow an award for hedonic damages stating: damages for “loss of enjoyment of life” compensate for the limitations, resulting from the defendant’s negligence on the injured person’s ability to participate in and derive pleasure from the normal activities of daily life, or for the individual’s inability to pursue his talents, recreational interests, hobbies, or avocations. In Nevada, hedonic damages … [Read more...]
Nevada Joins Club Cumis
July 7, 2021 by
In State Farm Mut. Auto. Ins. Co. v. Hansen, 131 Nev. 743, 357 P.3d 338 (2015) the Nevada Supreme Court adopted the independent counsel model outlined by the California Court of Appeals in San Diego Federal Credit Union v. Cumis Ins. Society, Inc., 208 Cal. Rptr. 494, 506 (Ct. App. 1984), superseded by statute as stated in United Enters., Inc. v. Superior Court, 108 Cal. Rptr. 3d 25 (App 2010). In its opinion issued on September 24, 2015, the Nevada Supreme Court said that an insurance company … [Read more...]
Happy New Year!
December 31, 2020 by
May 2020 bring new opportunities, success at every step and countless reasons to celebrate! We wish you health and prosperity in the coming year and beyond. Happy New Year! … [Read more...]
Season’s Greetings
December 21, 2020 by
I really enjoy this time of year. It means that I get to spend more time with my family and splurge eating some foods that I would otherwise shun. I hope that all of the readers of the Nevada Law Blogs will also be sipping something warm, eating a little too much and staying safe out of the weather. Most importantly, I hope that you all will be sharing this wonderful Season with those you love. From all of us to all of you, have a Happy Holiday. … [Read more...]
