Most auto insurance policies include a provision that allows the insurance company and the insured to arbitrate first party disputes. However, attempts to compel arbitration under auto insurance contracts are forbidden in Nevada: NRS 690B.017 provides: NRS 690B.017 Provisions for arbitration not binding. No provision for arbitration contained in an automobile liability or motor vehicle liability insurance policy delivered, issued for delivery or renewed in this State is binding upon the … [Read more...]
Mills & Associates Thinks Insurance Companies Should Hire Two Different Firms To Handle Their Third-Party Defense VS. Their First-Party Coverage And Bad Faith Matters
August 25, 2011 by
Periodically, we like to interview our clients to find out how we can better serve them. I conducted one of those “pulse taking” interviews last week with the representative of a client that sends me coverage and bad faith work. After discussing with him how we might improve our relationship, I was ending the conversation as I usually do by asking: “Is there anything else on your desk that I can help you with today?” He paused for a second and said he was sure that his company had a number of … [Read more...]
Nevada Children Not Entitled To Damages For Loss Of Consortium With Injured Parent
July 11, 2011 by
Mr. Bush was catastrophically injured when eye bolts on a large electrical control cabinet failed as the cabinet was being lifted by crane onto a Haulpak mining truck. The cabinet hit Mr. Bush in the head causing him permanent brain injuries and rendering him totally incapacitated. The jury found the manufacturer of the cabinet liable on a “failure to warn” theory. See Ginnis v. Mapes Hotel Corp., 86 Nev. 408, 470 P.2d 135 (1970). The argument was that General Electric should have given … [Read more...]
An Examination Under Oath Is A Particularly Useful Investigation Tool Where “Fraud Indicators” Are Present. Here Is Why . . .
June 6, 2011 by
Almost all insurance policies give the carrier a right to conduct an Examination Under Oath (EUO) of the insured. However, an EUO is a tool that is less often used. That is because recorded statements are usually enough to get the carrier the information that it needs to address a particular claim. In addition, EUOs are more expensive because the carrier has to hire a court reporter and often a lawyer to conduct the examination. With all of the preparation involved, EUOs will take more time, … [Read more...]
Celebrate Law Day 2011
May 1, 2011 by
Gerald Ford said “Our constitution works. Our great republic is a government of laws, not of men.” Andrew Jackson said “The great can protect themselves, but the poor and humble require the arm and shield of the law. “ Republican or Democrat, all acknowledge that the USA is a nation of laws. In these times of political unrest it is important to remember this country is founded on the rule of law. During the cold war the USSR celebrated May 1 with parades emphasizing military might, and … [Read more...]
