Strategies, Challenges, and Answers

When Will Nevada Allow An Insurer The Right Of Recoupment?

We know that the duty to defend is broader than the duty to indemnify.  Benchmark Ins. Co. v. Sparks, 254 P.3d 617, 620-21 (2011). We also know that once the duty to defend kicks in on one claim, the insurance company is obliged to defend the insured on all claims raised in the Complaint. Jaynes Corp. v. Am. Safety Indem. Co., 925 F. Supp. 2d 1095, 1103 (D. Nev., 2012) vacated due to settlement, No. 2:10-CV-00764-MMD, 2014 WL 8735102 (D. Nev. Dec. 3, 2014)   A common example is the case where a Plaintiff asserts claims of both negligence and punitive damages against an alleged DUI driver.  There, the auto carrier is obligated to defend both the negligence claim and the non-covered punitive damages claim.    [Continue reading]

Celebrate Flag Day on June 14th

flag day

Join us in celebrating Flag Day on June 14.  Each year on this date we honor the United States flag and commemorate the flag’s adoption. Fly your flag. Sing “She’s a Grand Old Flag” or “The Star Spangled Banner”. Also, make sure to help your … [Continue reading]

Does An Insurer Have A Duty To Defend When Other Insurers Have Already Taken Up The Defense?

The Nevada Supreme Court has not decided whether an insurance company is obliged to defend when other insurers, who also owe a duty to defend the same insured, have already taken up the defense..  The cases of Commercial Standard Ins. Co. v. Tab … [Continue reading]

Mills to Attend DRI’s Insurance Bad Faith and Extra-Contractual Liability Seminar

DRI

DRI will convene its Insurance Bad Faith and Extra-Contractual Liability Seminar at the Hyatt Regency in Boston, MA from May 31 to June 2, 2017. Mike Mills from Bauman Loewe Witt & Maxwell will attend. Presenters are scheduled to address many … [Continue reading]

Las Vegas Defense Lawyers adds Aileen Cohen to Board

lvdl logo final

At Bauman Loewe Witt & Maxwell we are pleased to announce that Las Vegas Defense Lawyers (LVDL) members elected Aileen E. Cohen, Esq. to its Board of Directors.  The election took place at the Fifth Annual LVDL Dinner on March 30, 2017. Aileen … [Continue reading]