Strategies, Challenges, and Answers

The Duty To Defend Continues Through The Entire Litigation

Once the duty to defend arises, the insurer’s duty continues throughout the entire litigation.  United Nat’l Ins. Co. v. Frontier Ins. Co., 120 Nev. 678, 687, 99 P.3d 1153, 1158 (Nev. 2004).  The duty to defend continues until final resolution of the claim.  Allstate Ins. Co. v. Miller, 125 Nev. 300, 309, 212 P.3d 318, 325 (2009).  An insurance company may not terminate its duty to defend by depositing the insurance proceeds with the court when the policy terms are ambiguous as to whether the policy specifically permits such an action.  Benchmark Ins. Co. v. Sparks, 127 Nev. Adv. Op. 33, 254 P.3d 617, 623 (2011).

As to the duty to appeal, Nevada would likely follow California requiring a duty to appeal only in certain circumstances.  See Jenkins v. Ins. Co. of N. America, 220 Cal. App. 3d 1481, 1489, 272 Cal. Rptr. 7 (App. 1990) (holding that “a duty to defend may include the duty to appeal where reasonable grounds for an appeal exist”).  [Continue reading]

Negligent Entrustment Of Motorcycle Not Covered By Homeowner’s Policy

Negligent Entrustment Of Motorcycle

Mr. Gregory had a motorcycle. It was a piece of work. The tires were bald.  The front tire was underinflated.  The rear tire was overinflated.  Mr. Gregory loaned the motorcycle to his son Jimmey. But to be safe, Mr. Gregory gave his son a couple of … [Continue reading]

Mills Contributes to DRI’s 2018 Unfair Claims Settlement Practices Act Compendium

Unfair Claims Settlement

DRI has again honored Mike Mills, selecting him to author the Nevada and Utah Chapters in its 2018 Unfair Claims Settlement Practices Act Compendium.  DRI turns to it most respected members from across the country to author state-specific sections to … [Continue reading]

When Is A UM/UIM Provider Bound By A Judgment Against The Tortfeasor?

Lucky for John Pietrosh, his parents bought UM/UIM coverage as part of their Allstate auto insurance policy.  Not so lucky for John, one day in July 1966, he was riding his bike when an uninsured driver hit and injured him.His parents reported … [Continue reading]

Medical Liens Are Not A Collateral Source And Are Admissible To Prove Bias

Previously, the Nevada Law Blogs wondered why a Plaintiff had been allowed to have his cake and eat it too.  That Earlier Post told the story of a Plaintiff whose medical providers treated him on liens.  However, before the trial, those same medical … [Continue reading]