Strategies, Challenges, and Answers

A Witness Not Timely Disclosed Cannot Be Used At Trial Unless The Failure To Disclose Is Substantially Justified

Gidget Swanson claimed injury from a motor vehicle accident.  She said that a red car hit her from behind and pushed her into the car ahead of her.  She said that the red car drove away and was never identified.  She presented an uninsured motorist claim to her auto insurance company Acuity.  The claim was not resolved and went to trial.  At trial, a jury found Acuity liable for compensatory damages in the amount of $150,000.  The jury said that Acuity had breached its contract with Ms. … [Read more...]

NRCP Rule 16.1 Requires Disclosure Of All Responsive Liability Insurance Policies.

In Construction Defect (CD) cases, Plaintiff attorneys regularly bring big damage claims. Thus Plaintiff CD attorneys, like many other Plaintiff attorneys, instinctively look for as much liability insurance as they can find. Just as intuitively, CD Defense attorneys know that insurance policies should have nothing to do the amount of a demand.In 2013, these differences of viewpoint gave rise to a dispute between the CD attorneys for Defendant Vanguard Piping Systems, Inc. and the attorneys … [Read more...]