Strategies, Challenges, and Answers

Nevada’s Exclusive Remedy Provision Prevents Employees From Suing Insured Employers For On-The-Job Injuries In Nearly All Cases

“Have you been injured?” is a common question posed by personal injury attorneys who are looking for new clients.  But just because a person was injured in an accident does not mean that the injured person can prevail in a negligence suit against the person causing the harm. Take for example, a person injured on the job.  Under Nevada law, if a person is injured in the course and scope of employment, the injured worker cannot succeed in a suit against a properly insured employer except under … [Read more...]

Advice On Settling Wrongful Death Claims in Nevada In January 2017 “Nevada Lawyer”

Mike Mills’ article on Settling Wrongful Death Claims in Nevada appeared in the January 2017 issue of the Nevada Lawyer magazine.  Mike was honored to join other legal scholars who covered important topics on Personal Injury Law in Nevada.  Check out Mike’s advice HERE. If you need additional information on this topic, please don’t hesitate to contact Michael C. Mills of Bauman, Loewe, Witt & Maxwell at 702-240-6060 x 114 or contact him by email at mmills@blwmlawfirm.com. … [Read more...]

In Deciding Whether An Insurance Company Has A Duty To Defend Its Insured, Will Nevada Courts Look Beyond The Four Corners Of The Complaint?

In deciding whether an insurance company has a duty to defend its insured, courts have often said that they will not look beyond the “four corners” of the plaintiff’s complaint. If the allegations of the Complaint allege facts that fall within coverage, there is a duty to defend. If not, there is no duty. In the case of United Nat’l Ins. Co. v. Frontier Ins. Co., 120 Nev. 678, 687, 99 P.3d 1153, 1158 (2004) the Nevada Supreme Court enunciated the rule it would follow in making the duty to … [Read more...]

Season’s Greetings

I really enjoy this time of year.  It means that I get to spend more time with my family and splurge eating some foods that I would otherwise shun. I hope that all of the readers of the Nevada Law Blogs will also be sipping something warm, eating a little too much and staying safe out of the weather.  Most importantly, I hope that you all will be sharing this wonderful Season with those that you love. From all of us to all of you, have a Happy Holiday. … [Read more...]

The Duty To Defend Is Broader Than The Duty To Indemnify

The duty to defend is broader than the duty to indemnify because the duty to defend covers not just claims for which the insured is liable, but also claims for which the insured could be found liable. United Nat’l Ins. Co. v. Frontier Ins. Co., 120 Nev. 678, 687, 99 P.3d 1153, 1158 (2004). Where there is no potential for coverage, there is no duty to defend. Bidart v. Am. Title Ins. Co., 103 Nev. 175, 179, 734 P.2d 732, 734 (1987). When interpreting insurance policy terms, the Nevada Supreme … [Read more...]