Strategies, Challenges, and Answers

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...]

A Policyholder Cannot Prevail Under NRS 686A.310(f) Unless There Has Been An “Ultimate Recovery”

Hartford’s policyholder was hurt in two separate accidents, once in 2009 and then again in 2010.  She collected policy limit settlements from each tortfeasor.  She then turned to Hartford, her UIM carrier. She demanded a policy limit settlement for each accident. When the parties could not agree on the value of either claim, the policyholder sued Hartford for breach of contract, bad faith and violations of Nevada's Unfair Claims Settlement Practices Act. (UCSPA). Mueller v. Prop. and Cas. Ins. … [Read more...]

UIM Bad Faith Damages Do Not Include Those Bodily Injury Damages That Are In Excess Of Both The Liability And The UIM Policy Limits

Mr. Bartlett had a dispute with his insurance company. He disagreed with the insurance company’s valuation of his underinsured motorist case. Bartlett sued the tortfeasor and got a judgment against him that was in excess of the torfeasor’s liability limits and in excess of Bartlett’s own underinsured (UIM) motorist coverage With the judgment in hand, Bartlett filed a suit against his UIM carrier for bad faith.  Bartlett v. State Farm Mut. Auto. Ins., Case No. IP01-0510-C-HG, (D.C. Ind., Nov. … [Read more...]

For Purposes Of Policy Cancellation, One Percentage Point Can Make All The Difference In Deciding Whether The Driver Was “At Fault”

In Nevada, insurance companies cannot cancel, raise premiums or refuse to renew insurance policies where the insured was in an accident that was not his or her fault.  The statute reads: N.R.S. 687B.385  Cancellation, nonrenewal or increase in premium due to claims for which insured was not at fault prohibited.  An insurer shall not cancel, refuse to renew or increase the premium for renewal of a policy of motor vehicle insurance covering private passenger cars or commercial vehicles as a … [Read more...]

Under Nevada’s Wrongful Death Statute Where There Is Only One Decedent, There Is Only One “Each Person” Limit Available

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...]