Strategies, Challenges, and Answers

What Triggers An Insurer’s Duty To Defend In Nevada?

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Image Credit to www.HappyTrails.org

A primary insurer’s right and duty to defend attaches upon notice of a demand and continues through the litigation to final resolution of the claim.  Allstate Ins. Co. v. Miller, 125 Nev. 300, 309, 212 P.3d 318, 325 (2009).

An insurer’s “duty to defend is broader than the duty to indemnify. In other words, as a general rule, an insurer’s duty to defend is triggered whenever the potential for indemnification arises, and it continues until this potential for indemnification ceases.” Benchmark Ins. Co. v. Sparks, 254 P.3d 617, 620-21 (2011) (internal citation omitted).

If there is any doubt about whether the duty to defend arises, this doubt must be resolved in favor of the insured.  “The purpose behind construing the duty to defend so broadly is to prevent an insurer from evading its obligation to provide a defense for an insured without at least investigating the facts behind a complaint.”  United Nat’l Ins. Co. v. Frontier Ins. Co., 120 Nev. 678, 687, 99 P.3d 1153, 1158 (2004).

CELEBRATE LABOR DAY ! ! !

The team at Bauman, Loewe, Witt & Maxwell and the Nevada Law Blogs wish all of our clients, friends, business associates and readers a very safe and extremely enjoyable Labor Day Holiday! In 1894 Labor Day was designated a federal holiday to … [Continue reading]

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

Redhead girl secretly eating cake.

One year ago, 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 … [Continue reading]

The Attorney And The Hospital Have Competing Liens. How Can The Company Safely Settle?

You are familiar with this scenario. The claimant is willing to sign a release in exchange for your insured’s policy limit.  However, the claimant, the attorney and the hospital, all legitimate lienholders, can’t agree on how to divide up the … [Continue reading]

What Changes Do You Expect When Nevada Justice Court Jurisdiction Increases From $10,000 To $15,000 In January 2017?

Las Vegas Regional Justice Center

The 2015 Nevada Legislature increased the state courts’ jurisdictional limits.  Assembly Bill 66 saw the jurisdictional limit in small claims increase from $7,500 to $10,000.  That change took effect on October 1, 2015.  NRS 73.010. The same bill … [Continue reading]