In the case of Bish v. Guaranty Nat’l Ins. Co., 109 Nev. 133; 848 P.2d 1057; 1993 Nev. LEXIS 26, the Nevada Supreme Court examined the question of what is an “occurrence”. The facts are these. Four-year-old Christina Rose was playing on the sidewalk near the driveway of the neighbor, Ms. Alderson. At that moment, Ms. Alderson chose to back her vehicle out of the drive. Ms. Alderson accidently backed over the child. A neighbor saw the accident and screamed. Ms. Alderson put her vehicle … [Read more...]
No Duty To Defend Or Indemnify Intentional Acts
June 23, 2023 by
Sergio Mitchell worked at a local elementary school as a janitor. One of the students kicked Mr. Mitchell’s mop bucket, breaking it. When Mr. Mitchell got after the student, the student started cursing him out. Mr. Mitchell grabbed the student by the neck. The student said that Mr. Mitchell was choking him. The School District Police intervened. Ultimately, the student’s parent filed suit in the Eighth Judicial District Court. Hohman v. Clark County School District and Mitchell, Case … [Read more...]
Under Nevada’s Wrongful Death Statute Where There Is Only One Decedent, There Is Only One “Each Person” Limit Available
April 17, 2013 by
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...]
How Much Information Does a “Claims-Made” Carrier Need to Receive During the Policy Period to Trigger Coverage?
November 28, 2012 by
The dentist had a lot of explaining to do. The authorities had arrested him for drug trafficking and had charged him with distribution of cocaine. The dental board had received complaints that he was using cocaine and was giving it to his patients. The board even suspended his license.His malpractice insurance company was aware of all of these allegations of malfeasance during the coverage period of his “claims-made-and-reported” policy. The one thing that the insurance company did not … [Read more...]
Got Questions?
August 17, 2010 by
These posts on the Mills & Associates Nevada Coverage & Bad Faith Law blog are published to provide useful insights on Nevada insurance law to our clients and other subscribers. Many times the topics are suggested by recent case law, or issues raised by litigation.As part of our ongoing effort to provide both timely and helpful information, we invite all our readers to submit issues which they would like to see addressed in future blog posts.Likewise, please submit questions … [Read more...]
