Strategies, Challenges, and Answers

Las Vegas…Thoughts and Prayers

All of us at BLWM appreciate those around the country who are praying for us in Las Vegas.  We are grateful for all the support and concern. The caring emails, texts, and phone calls are too numerous to count.I am thankful that my family was not directly affected by the events in town on Sunday. We have been mobilizing to help.  So many people have been giving blood that the system is overwhelmed.  They have had to bring in new blood trucks from California and Utah.  We are glad to have such … [Read more...]

Insurance Company owes No Duty to Defend where Policy includes Enforceable Pollution Exclusion

Back in the 2000s, Al Phillips the Cleaner, a Las Vegas dry cleaner, had a location in the Maryland Square Shopping Center near the Boulevard Mall.  A Ted Wiens Auto Service Center was just across the street.Residents of the Maryland Square area complained that they had been injured by the release of perchloroethylene, sometimes called PEC or PERC.  PEC is used in dry cleaning and as an industrial degreaser and spot remover.Of the PEC release, a local newspaper wrote: The chemical bled … [Read more...]

BLWM attends LVDL Summer Event at TopGolf Las Vegas

Aileen Cohen and Mike Mills of BLWM attended the Las Vegas Defense Lawyer’s Summer Event at TopGolf Las Vegas. Many of the judges and justices from across the state attended.The Event was successful in big part based because of the contributions of many great LVDL’s sponsors but also because of the all of the members who attended.If you have questions about defense, coverage or trucking in Nevada, don’t hesitate to contact Mike Mills or Aileen Cohen at Bauman, Loewe, Witt & Maxwell … [Read more...]

An Insured Can Seek A Broad Range Of Damages If An Insurer Wrongfully Fails To Defend

In Nevada, if an insurance company breaches its duty to defend, it can expect to face a wide array of possible damagesIf the insured takes up its own defense, the insurer can expect to pay the reasonable costs incurred by the insurer in the defense of the underlying action.  Jaynes Corp. v. Am. Safety Indem. Co., 925 F. Supp. 2d 1095, 1111 (D. Nev. 2012) vacated due to settlement, No. 2:10-CV-00764-MMD, 2014 WL 8735102 (D. Nev. Dec. 3, 2014); see also Reyburn Lawn & Landscape Designers … [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...]