Strategies, Challenges, and Answers

The Duty To Defend Is Broader Than The Duty To Indemnify

The duty to defend is broader than the duty to indemnify because the duty to defend covers not just claims for which the insured is liable, but also claims for which the insured could be found liable. United Nat’l Ins. Co. v. Frontier Ins. Co., 120 Nev. 678, 687, 99 P.3d 1153, 1158 (2004). Where there is no potential for coverage, there is no duty to defend. Bidart v. Am. Title Ins. Co., 103 Nev. 175, 179, 734 P.2d 732, 734 (1987).When interpreting insurance policy terms, the Nevada Supreme … [Read more...]

When Is It Too Late For A UM/UIM Carrier To Intervene In The Underlying Litigation?

Eric and Erwin Lopez were hurt when a negligent and underinsured driver hit their car.  They sued the driver.  As discovery progressed, Eric and Erwin convinced the driver to settle.  However, they would not give the negligent driver a release.  Instead, they offered the driver a Covenant Not to Execute against him in excess of his bodily injury liability limits.  The negligent and underinsured driver accepted.  The bodily injury liability limits were paid and the Covenant provided.  However, … [Read more...]

What do Mike Mills, Reese’s Peanut Butter Cups and Independent Counsel Have in Common?

As reported a few weeks ago, your favorite Nevada Insurance, Coverage and Trucking law blogger, Mike Mills of Bauman, Lowe, Witt and Maxwell was asked to present at the annual Defense Research Institute (DRI) annual Insurance Claims and Coverage Institute conference.  The conference convened in Chicago in April.Mike presented “Evolution of Independent Counsel: The Nevada Experience” to almost 500 DRI members and attendees including defense & coverage counsel and insurance claims … [Read more...]

Eat Lunch with the Judges and Improve Your Practice

Who says that there is no free lunch?  On the second Tuesday of every month in Courtroom 15D or 15B at 12:05 PM, lunch is free and the conversation is lively at the Civil Bench Bar meetings.  The Nevada office of Bauman Loewe Witt & Maxwell had the pleasure of sponsoring April’s Civil Bench Bar luncheon allowing attorney Aileen Cohen to speak with the attendees about our firms practice areas and services, including the Trucking, Insurance and Coverage and Bad Faith law blogs.But food and … [Read more...]

Once An Insured Proves Coverage, The Burden Shifts To the Insurer To Prove An Exception Or Exclusion

In Nevada Insurance Coverage lore, Victor Havas is legend.Cases involving Mr. Havas answer so many insurance coverage questions.  What duty does an insurance agent owe to a customer? Havas v. Carter, 515 P.2d 397, 89 Nev. 497 (1973). For more information, see here.  When is replacement value the appropriate measure of damages rather than actual case value? Havas v. Atlantic Ins. Co., 95 Nev. 415, 596 P.2d, 246 (1979). here.  How can an insurance company avoid a waiver when it investigates a … [Read more...]