Strategies, Challenges, and Answers

Nevada Hospital Liens Do Not Apply To UM Party Recoveries

Image source: University of Nevada, Reno School of Medicine

Kathryn Boyer was hurt in a motor vehicle accident with an uninsured driver.  Following the accident, she received treatment at Washoe Medical Center.

Kathryn had planned ahead and purchased uninsured motorist coverage with Reliance Insurance Company.  Reliance paid Kathryn UM benefits in spite of a Hospital Lien that had been served by Washoe Medical Center.

When Washoe Medical Center learned about the payment, it sought to foreclose the lien against Reliance hoping to recover the amount Reliance had paid to Kathryn.  Washoe Medical Center argued that Nevada’s Hospital Lien statute was broad enough to allow its lien to attach to Kathryn’s UM benefits.  Reliance argued that the language of NRS 108.590 was not broad enough to allow the hospital’s lien to apply against first-party recoveries like uninsured motorist benefits. [Continue reading]

Nevada’s Pro Hac Vice Rules Are Stricter Than Most

Do you have a civil matter that needs to be litigated in Nevada but you do not have the time or patience to study for and sit through a three day bar exam?  Mike Mills of Bauman, Loewe, Witt & Maxwell provides the solution!  Nevada does not admit … [Continue reading]

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 … [Continue reading]

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]

Bobtail Insurer Did Not Wait Too Long To Disclaim Coverage

Bobtail Insurance

In a POST earlier this year, we recited the general rule that when a truck is pulling a load for a motor carrier, the motor carrier’s policy is responsible to provide insurance.  The inverse of that general rule is that when the truck is not in the … [Continue reading]