Strategies, Challenges, and Answers

In Deciding Whether To Settle A Claim, The Insurance Company Must Give As Much Consideration To The Interests Of Its Insured As It Gives To Its Own Interests

The former patient of a Las Vegas doctor sued him.  In their suit, the patient and his wife claimed that the doctor had misdiagnosed a cancerous tumor.When it came time to talk settlement, the Plaintiffs demanded a settlement in excess of the policy limit.  However, the Plaintiffs said that they would accept the policy limit to resolve the case.When the malpractice claim did not settle, the doctor sued his insurance company Medical Insurance Exchange.  The doctor alleged that the … [Read more...]

The Nevada Supreme Court Sees Its 80,000th Case!

The Nevada Supreme Court has announced that it has accepted its 80,000th case.  The case is Patel v. Patel, a civil appeal from the Eighth Judicial District Family Court.Nevada was granted statehood on October 31, 1864.  The Civil War was underway and would not end until April 9, 1865.  Thus the Nevada flag bears the motto "Battle Born".The earliest reported opinion from the Nevada Supreme Court that I can find is dated January 1, 1865 and is styled Davis v. Thompson,1 Nev. 17, 1865 Nev. … [Read more...]

Nevada Hospital Liens Do Not Apply To UM Recoveries

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 … [Read more...]

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 attorneys to practice based on reciprocity with any foreign states.  See Nevada Supreme Court Rule 42(15).  However, pro hac vice admissions are available.  Mike Mills has experience serving as local counsel in civil actions for many out-of-state … [Read more...]

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 … [Read more...]