Strategies, Challenges, and Answers

Nevada Loss Of Consortium Claims Are Derivative

An adjuster just sent Mike Mills the following question. Hi, Mike!  Hope you are doing well.  I just had a quick question for you about loss of consortium claims in NV.  I understand that they are derivative of the injured person's claim.  My question is this: If we are settling an injured party's bodily injury claim and we know he is married, do we need the wife's signature on the release to protect our insd from any possible future claim of loss of consortium or other derivative claims?  If … [Read more...]

Michael Mills Profiled In Attorney At Law Magazine

In addition to honoring Justice A. William Maupin (ret) with the cover feature story, Mr. Michael C. (Mike) Mills was the only other Nevada attorney profiled in the Premiere Issue of the Las Vegas edition of Attorney at Law Magazine.The article shares Mr. Mills philosophy, experience and outlines why teaching is such an important part of his practice. Click HERE to view the article in full screen. … [Read more...]

“Billed vs. Paid” Controversy Across The Country

In December, 2011, the Nevada Law Blogs addressed the question of whether the Nevada Supreme Court would limit Plaintiffs to presenting evidence of the amount that their medical providers accepted in full payment, rather than allowing Plaintiffs to present evidence of the much higher unadjusted bill.  See HERE.The Nevada Supreme Court decision still has not come down.  Even so, discussions from other states regarding this topic have taken off.  For example, on Linked In, attorneys from the … [Read more...]

The Statute Of Limitations For An Underinsured Motorist Claim Does Not Start To Run Until The Carrier Has Been Called On To Satisfy Its Duties Under The Policy And Has Failed To Do So

Most lawyers can recite by memory the number of years available under statute to bring certain types of lawsuits.  In Nevada, the statutes of limitation are found in Chapter 11 of the Nevada Revised Statutes.Since insurance policies are contracts, the right to bring an action for breach of a policy is generally limited to six years.  See NRS 11.190(1)(a).  In Grayson v. State Farm Mut. Auto. Ins., 971 P.2d 798 (1998) the Nevada Supreme Court faced the question of the when this six-year … [Read more...]

Parents Are Statutorily Liable For Damages Willfully Caused By Their Minor Children Up To $10,000, But Are Those Damages Covered?

As a practice, when a minor causes damage or injury, the plaintiff will name as defendants both the minor and the parents.  There are a variety of theories under which the parents can be held liable for the minor’s acts.  See HERE for example.  If the minor’s acts appear to have been intentional, one of theory of recovery is a Nevada statute.  N.R.S. 41.470 imposes limited vicarious liability on parents whose minor children willfully cause damage to others.  The statute reads:NRS 41.470 … [Read more...]