These posts on the Mills & Associates Nevada Insurance Law blog are published to provide useful insights on Nevada insurance law to our clients and other subscribers. Many times the topics are suggested by recent case law, or issues raised by litigation. As part of our ongoing effort to provide both timely and helpful information, we invite all our readers to submit issues which they would like to see addressed in future blog posts. Likewise, please submit questions concerning prior … [Read more...]
Evidentiary Inferences Allowed At The Court’s Discretion
July 14, 2010 by
In the case of Johnson v. Watkins, 70 Nev. 156, 262 P.2d 237 (1953) a truck driver tried to invoke the rule regarding evidentiary inferences in his favor. According the Nevada Supreme Court an evidentiary inference is: a logical and reasonable conclusion of a fact not presented by direct evidence but which, by process of logic and reason, a trier of fact may conclude exists from the established facts. Although an inference may give rise to a rebuttable presumption in appropriate cases, an … [Read more...]
More Subrogation?
June 8, 2010 by
During these economically troubled times, this office is seeing an upswing in cases that we defend where our opponent is an insurance company seeking subrogation. In the past, these defense cases were few and far between. With intercompany arbitrations resolving many of these disputes, it appears to us that where such agreements are not controlling, more and more carriers are opting to file small property damage claims that previously may have just gone uncollected. In addition, we have … [Read more...]
Where A Criminal Conviction Creates Liability, The Defense Of Comparative Fault Is Still Available
March 18, 2010 by
In the 2005 decision of Langdon v. Matamoros, the Nevada Supreme Court said that a conviction on a misdemeanor traffic ticket is not enough to create per se civil liability under N.R.S. 41.133. See our treatment of this case by clicking HERE. But left undecided was question of the scope of liability under N.R.S. 41.133 when the statute was actually triggered. That question was answered in the recent case of Cromer v. Wilson, 126 Nev. Adv. Op. 11 (March 11, 2010). In Cromer, the Defendant had … [Read more...]
Conviction Of A Misdemeanor Traffic Offense Insufficient To Trigger N.R.S. 41.133
March 10, 2010 by
N.R.S. 41.133 imposes liability as a matter of law where the Defendant has been convicted of a crime. The statute reads: NRS 41.133 Conviction of crime is conclusive evidence of facts necessary to impose civil liability for related injury. If an offender has been convicted of the crime which resulted in the injury to the victim, the judgment of conviction is conclusive evidence of all facts necessary to impose civil liability for the injury. In the case of Langon v. Matamoros, 121 Nev. … [Read more...]
