Strategies, Challenges, and Answers

In Nevada, An Insurance Agent Or Broker Is Generally An Agent Of The Insured, Not The Insurer

It was a terrible fire.  On November 21, 1980, 85 people died when a refrigerated pastry display caught fire at the MGM Grand in Las Vegas.  The Grand Hotel Gift Shop was destroyed in the fire.  The Gift Shop suffered almost a $1,000,000 in business interruption damages.  The Gift Shop sued its insurance broker, and the insurance company that wrote its business interruption insurance, Granite State Insurance.  Prior to trial, the Gift Shop settled with the broker and resolved several of its … [Read more...]

Damages For Future Medical Care Based On Subjective Injuries Requires Expert Support

John Lanza was hurt in a motor vehicle accident.  He settled with the underlying tortfeasor and brought suit against his UIM carrier Progressive Direct.  One issue was whether he would be allowed to claim future damages based upon headaches, neck pain and back pain.  He wanted to recover for the future care he received.  He said that he would have future pain and suffering.  He also claimed that he would lose income based upon time lost at work while seeking that future care.  When … [Read more...]

Corporations, LLCs And Trusts Need Lawyers To Appear In Court

Wilma Winters died.  Ms. Winters’ Estate claimed via its executrix Ms. Newell that the Estate was the owner of certain real property.  Two companies, via their trustee, A.R. Salman, filed a quiet title action against same real property that was claimed by the Winters Estate.  In its opposition, the Estate argued that the Complaint must be dismissed because Mr. Salman, a non-lawyer, could not represent the corporations.  In the companies’ replies, Ms. Salman stated that the companies were … [Read more...]

Upcoming Changes To Federal Rule Regarding Expert Testimony Are Truly Consequential

As of December 1, 2023, FRE 702 will change.  The new rule, with redline changes is as follows: A witness who is qualified as an expert by knowledge, skill, experience, training or education may testify in the form of an opinion or otherwise if the proponent has demonstrated by a preponderance of the evidence that: (a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue; (b) the testimony is … [Read more...]

Court Annexed Arbitration vs. Court Annexed Mediation

Civil practitioners in Clark and Washoe counties are familiar with the Nevada Mandatory Court Annexed Arbitration Program.   We know that unless exempt, cases of a value of $50,000 or less are required to go through the mandatory arbitration program before they can proceed to a trial.  Nev. Arb. R. 1.  The idea behind the program is to provide a simplified procedure for obtaining a prompt and equitable resolution of certain civil matters.  Nev. Arb. R. 2.  But did you know that there is an … [Read more...]