Strategies, Challenges, and Answers

Replacement Value Not ACV Is The Proper Measure Of Damages In A Homeowner’s Theft Claim Where Policy Provides For Same

Victor and Arlene Havas took issue with the way their homeowner’s insurance company, Atlantic Insurance Company valued the property that they lost because of a theft at their home.  Mr. & Mrs. Havas submitted their claim to the insurance company seeking recovery of the value of the lost property.  The Havas’s insurance policy provided that recovery would be limited to an amount not exceeding either the cost of repair or replacement of the property with material of like kind and … [Read more...]

Paper Experts

When Nevada courts decide whether an expert witness will be allowed to testify, they do not look to the rules set by the U.S. Supreme Court in Daubert v. Merrell Dow Pharm., Inc, 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993).  See, Dow Chem. Co. v. Mahlum, 114 Nev. 1468, 970 P.2d 98 (1998).  Instead, the Nevada Supreme Court is developing its own set of rules to determine whether an expert can give opinion testimony to the jury. As we said in our post a few years back, HERE, the case … [Read more...]

Will The Howell Doctrine Come To Nevada?

In an earlier post HERE we reported that in Howell v. Hamilton Meats & Provisions, Inc., the California Supreme Court faced the question of what was the appropriate amount of an injured plaintiff’s recovery.  Should plaintiff recover the amount billed for the medical treatment?  Or should the Plaintiff recover the reduced amount that the health care insurance company had paid to satisfy the doctor’s bill?  In Howell, the California Supreme Court found that an injured plaintiff could recover … [Read more...]

The Time Clock On Statutes Of Limitation For Contribution And Indemnity Claims Does Not Start Running Until After Judgment Is Entered

Nevada law provides generally that a negligent defendant should pay only that share the of damage that he or she caused. That legal concept, known as several liability, is codified in NRS 41.141. However, the Nevada Supreme Court has interpreted that statute to provide a number of exceptions to the general rule of several liability. [See HERE for example] If a plaintiff falls into one of those exceptions, he or she will enjoy the benefit of joint and several liability. The end result is that a … [Read more...]

Do I Need To Buy The Insurance That The Rental Car Company Offers Me When I Rent A Car In Nevada?

In Nevada, rental car agents are legally obligated to confirm only two things about you before they rent you a car, that you have a current driver’s license and that the signature you made on the rental contract matches the signature on that driver’s license.  See N.R.S. 483.610 and our previous blog post on this topic, HERE. [Insert link to Feb 21, 2011 post on the Insurance Blog]  The rental car company is not obligated to ask you if you have insurance.  Instead, they will ask you to buy … [Read more...]