Under Nevada’s Wrongful Death Statute, N.R.S. 41.085, the estate and multiple heirs can each make their own individual claims for damages. (If you are not familiar with the Wrongful Death details, please click the following link to the relevant Mills & Associates Nevada Insurance Law blog post: Wrongful Death In Nevada). Still there is the related coverage question of what portion of an applicable automobile policy limit is available to pay all these different Wrongful Death claimants. … [Read more...]
Under Nevada’s Wrongful Death Statute Where There Is Only One Decedent, There Is Only One “Each Person” Limit Available
April 17, 2013 by
When An Accident Happens Out Of The State, Which State’s Law Governs?
November 13, 2012 by
Tourists love Las Vegas!!! Many tourists come here to see the hotels, the casinos and the shows. But after a while the hotels, casinos and shows all start to look alike. So tourists are known to rent cars and go wandering the Wild West to take in the natural wonders just a few hours from town, including Death Valley in California, the Grand Canyon in Arizona and Zion National Park in Utah. That’s a lot of travel across many state lines. So when an accident happens outside of Nevada in a Las … [Read more...]
Can An Injured Plaintiff Sue A Nevada Rental Car Company Along With The Negligent Rental Driver?
November 5, 2012 by
A tourist arrives at Las Vegas’ McCarran Airport and rents a car. On the way to the hotel, the tourist causes an accident and injures a local driver. The injured driver sues naming both the renter and the rental car company as defendants. Is this proper?Of course, it depends. If the rental car company rented the car to someone who was intoxicated or who did not furnish proof of a valid driver’s license, there may be grounds for an independent cause of action against the rental car … [Read more...]
Got Questions?
August 17, 2010 by
These posts on the Mills & Associates Nevada Coverage & Bad Faith Law blog are published to provide useful insights on Nevada insurance law to our clients and other subscribers. Many times the topics are suggested by recent case law, or issues raised by litigation.As part of our ongoing effort to provide both timely and helpful information, we invite all our readers to submit issues which they would like to see addressed in future blog posts.Likewise, please submit questions … [Read more...]
A Definition Of Accident
June 25, 2008 by
In virtually all liability policies, there must be an “occurrence” before there is coverage. Many policies define an “occurrence” as an “accident”. In other words, where there is no “accident”, there is no homeowner’s liability coverage. But what if your policy does not define the term accident? Perhaps you can do what the Nevada Supreme Court did in the case of Fire Ins. Exch. v. Cornell, 120 Nev. 303, 90 P.3d 978 (2004), namely, look in the dictionary.In that case, the Nevada Supreme … [Read more...]
