The Nevada Law Blogs have been serializing the arguments made by the parties in the case of State Farm v. Hansen. We had imagined the two opponents in this case standing face-to-face in an old-west gunfight. The question to be resolved by this dual is if and under what circumstance an insurance company should be forced to give up its contractual right to select the attorney who will defend the insured and instead allow the insured to choose its own independent counsel at the expense of the … [Read more...]
Is It Time To Be Done With The Notion That Nevada Law Should Favor California Law When Nevada Law Is Silent?
One Minute Closer To High Noon
A Nevada Law Blog post recently compared an iconic wild-west film showdown to an upcoming showdown at the Nevada Supreme Court. The showdown decide whether the Court will impose Cumis-type obligations on Nevada insurance companies where an assigned defense panel counsel faces an irreconcilable conflict between the interests of the insurance company and those of the policyholder. An order just issued by the U.S. District Court, District of Nevada shows that this high noon showdown about legal … [Read more...]
Is A Nevada Insurance Company Obligated To Provide Its Policyholder With A Conflict-Free Defense? Nevada and Cumis
Like a classic American western, the stage is set for a showdown. If this were a movie, the overhead sun would reflect off the lawman’s brightly polished star. The gunslinger would strap on his belt and tie the holster to his thigh. You would see mothers rushing their children inside, as the clock ticks closer to noon. People in the saloon would be placing their bets on who would win this upcoming confrontation. However this battle isn’t one of gunpowder and bullets. Instead it is one of … [Read more...]