Strategies, Challenges, and Answers

Nevada Supreme Court Enforces Employee Exclusion

Pacific Clay Products makes concrete pipes.  Pacific Clay Products tells its driver, Mr. Wambolt, to deliver a load of concrete pipes to Ace Plumbing & Heating in Las Vegas, Nevada.When Mr. Wambolt arrives in Las Vegas, he needs a forklift to unload the pipes.  Lucky for Wambolt, Ace Plumbing & Heating has a forklift available.  Ace rented it from A-1 Inland Rentals.  Sadly for Wambolt, the forklift is defective.  The forklift seat is broken causing Wamblot injury.  Wambolt sues A-1 … [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...]

Does An Insurer Have A Duty To Defend When Other Insurers Have Already Taken Up The Defense?

The Nevada Supreme Court has not decided whether an insurance company is obliged to defend when other insurers, who also owe a duty to defend the same insured, have already taken up the defense..  The cases of Commercial Standard Ins. Co. v. Tab Constr., Inc., 94 Nev. 536, 539, 583 P.2d 449, 451 (1978) and Zurich Am. Ins. Co., 720 F. Supp. 2d 1223, 1234 n. 11 (2010) remind us that where Nevada law is silent, Nevada often looks to California law for direction.California law provides that even … [Read more...]

Las Vegas Defense Lawyers adds Aileen Cohen to Board

At Bauman Loewe Witt & Maxwell we are pleased to announce that Las Vegas Defense Lawyers (LVDL) members elected Aileen E. Cohen, Esq. to its Board of Directors.  The election took place at the Fifth Annual LVDL Dinner on March 30, 2017.Aileen will be working on LVDL advocacy efforts in support of the civil litigation defense bar before the Nevada Legislature in addition to other ongoing projects to promote LVDL objectives.Las Vegas Defense Lawyers is an organization of attorneys … [Read more...]

When Is An Insurer Responsible For Pre-Tender Defense Costs?

The Nevada Supreme Court has not decided whether an insurance company is obliged to reimburse its insured for defense costs incurred prior to the tender of the claim to the company.  However, in many instances, where Nevada law is silent, Nevada looks to California law for direction.  See Zurich Am. Ins. Co., 720 F. Supp. 2d 1223, 1234 n. 11 (2010).  See also Commercial Standard Ins. Co. v. Tab Constr., Inc., 94 Nev. 536, 539, 583 P.2d 449, 451 (1978) (relying on the California Supreme Court’s … [Read more...]