Strategies, Challenges, and Answers

Nevada’s Absolute Liability Statute Does Not Create A Third-Party Bad Faith Claim.

Third-Party Bad Faith Claim

We have previously written about Saundra Torres.  She was hurt when she was involved in an auto accident with a vehicle that was insured by Nevada Direct Insurance Company.

She filed suit against Nevada Direct’s insureds Perez-Castellano and Mollinedo-Cruz.  For a time, Nevada Direct defended.  But after the insureds failed to cooperate, Nevada Direct withdrew its defense and filed a declaratory relief action.  In the declaratory relief action, Torres refused Nevada Direct’s offer to settle for the policy limit plus $1.00.  Thereafter, the judge granted declaratory relief stating that due to the insureds’ failure to cooperate Nevada Direct had no further duty to defend or indemnify them.

In the meantime, the Plaintiff’s attorney pursued and obtained a judgment against the insureds in the tort action for more than the policy limit.  Plaintiff then pursued the insurance company directly hoping to recover all or part of the default judgment.  The injured Plaintiffs sued Nevada Direct to enforce its obligation under NRS 485.3091.  [Continue reading]

Nevada’s Auto Liability Compulsory Insurance Minimums To Increase

Increase in Minimum Limits

I have been practicing law in Nevada for nearly 30 years. For as long as I can remember, Nevada has required autos registered in this state to have bodily injury automobile liability insurance of at least $15,000 per person / $30,000 per occurrence.  … [Continue reading]

Nevada Supreme Court Enforces Employee Exclusion

Employee Exclusion Enforced

Pacific Clay Products makes concrete pipes.  Pacific Clay Products tells its driver, Mr. Wambolt, to deliver a load of concrete pipes to Ace Plumbing & Heating in Las Vegas, Nevada.When Mr. Wambolt arrives in Las Vegas, he needs a forklift to … [Continue reading]

The Nevada Court of Appeals Follows a Push-Down Model

At the time that the Nevada Law Blogs last treated the Nevada Court System, there was no Nevada Court of Appeals. Since then, things have changed. So how about an update regarding appeals in Nevada.In 2014, the Nevada voters approved the creation … [Continue reading]

Las Vegas…Thoughts and Prayers

Welcome to Las Vegas

All of us at BLWM appreciate those around the country who are praying for us in Las Vegas.  We are grateful for all the support and concern. The caring emails, texts, and phone calls are too numerous to count.I am thankful that my family was not … [Continue reading]