Strategies, Challenges, and Answers

Who Controls The Defense Of The Case? The Insured Or The Insurance Company?

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...]

The Immense Sacrifice Of Our Fallen Heroes Must Always Be Remembered . . .

“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...]

Mixed Claims? Defend as to One, Defend as to All

Mr. Alm bought his Homeowner’s Policy from Hartford Fire Ins. Co.  He got sued for bodily injuries.  The First Cause of Action of the Complaint alleged that the injury happened because of Mr. Alm’s negligence.  But the Second Cause of Action alleged that the injury was a result of a violent and intentional assault on the part of Mr. Alm.Mr. Alm presented the suit to Hartford.  Hartford admitted that it has insured Mr. Alm but it refused to defend him.  The argument was that the claim for … [Read more...]

Mills Contributes to DRI’s 2018 Unfair Claims Settlement Practices Act Compendium

DRI has again honored Mike Mills, selecting him to author the Nevada and Utah Chapters in its 2018 Unfair Claims Settlement Practices Act Compendium.  DRI turns to it most respected members from across the country to author state-specific sections to all of its Compendia.  Mike Mills also authored the Nevada Chapter of DRI’s 2016 Duty to Defend Compendium.  A full copy of the UCP Compendium can be ordered from DRI at Order Your Copy Here!.Feel free to preview the Compendium by CLICKING HERE … [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...]