In the case of State Farm Mut. Auto. Ins. Co. v. Hansen, 131 Nev. 743, 357 P.3d 338 (2015), the Nevada Supreme Court determined that where the assigned insurance defense attorney encountered a conflict of interest between the duties owed to the insured and to the insurance company, the insured had the right to request independent counsel who, going forward, would be allowed to control the defense. But shy of pulling that trigger, how much say does the insured have regarding the control the … [Read more...]
No Duty To Defend Or Indemnify Intentional Acts
June 23, 2023 by
Sergio Mitchell worked at a local elementary school as a janitor. One of the students kicked Mr. Mitchell’s mop bucket, breaking it. When Mr. Mitchell got after the student, the student started cursing him out. Mr. Mitchell grabbed the student by the neck. The student said that Mr. Mitchell was choking him. The School District Police intervened. Ultimately, the student’s parent filed suit in the Eighth Judicial District Court. Hohman v. Clark County School District and Mitchell, Case … [Read more...]
Nevada Allows Right Of Reimbursement Of Defense Costs
June 12, 2023 by
In 2019, Nevada Coverage Law asked whether Nevada would follow the California case of Buss v. Superior Court, 16 Cal. 4th 35, 49, 939 P.2d 766 (1997) and allow Nevada insurance companies the right to seek reimbursement for uncovered defense cost. We said that Nevada often looks to California for direction on topics of law not yet addressed in Nevada. See Zurich Am. Ins. Co. v. Coeur Rochester, Inc., 720 F. Supp. 2d 1223, 1234 n. 11; see also Commercial Standard Ins. Co. v. Tab Constr., 94 Nev. … [Read more...]
The Immense Sacrifice Of Our Fallen Heroes Must Always Be Remembered . . .
May 23, 2023 by
“Was it worth it?”This is a question, sometimes politically-loaded, that is often asked of family members and war buddies of our Fallen Heroes.Marine Corps General John Kelly recently offered a unique perspective. A veteran of Iraq and Afghanistan himself, General Kelly lost his youngest son, First Lieutenant Robert Kelly, while conducting combat operations in Helmand Province in 2010.General Kelly was asked if the loss was worth it by a reporter with National Public Radio. He said, … [Read more...]
By A Preponderance Of Evidence
May 18, 2023 by
In civil cases, a Nevada Plaintiff has the burden of proof. But what standard of proof must that Plaintiff meet to prevail? In a civil case, the standard of proof in Nevada is “by a preponderance of evidence”. The case of Deiss v. S. Pac. Co., 56 Nev. 169, 53 P.2d 332 (1936) provides a great explanation as to what it means to prove something “by a preponderance of evidence”. This case involves a crash between a car and a train. The jury found in favor of the deceased driver’s estate … [Read more...]
