Strategies, Challenges, and Answers

Nevada Joins Club Cumis

In State Farm Mut. Auto. Ins. Co. v. Hansen, 131 Nev. 743, 357 P.3d 338 (2015), the Nevada Supreme Court adopted the independent counsel model outlined by the California Court of Appeals in San Diego Federal Credit Union v. Cumis Ins. Society, Inc., 208 Cal. Rptr. 494, 506 (Ct. App. 1984), superseded by statute as stated in United Enters., Inc. v. Superior Court, 108 Cal. Rptr. 3d 25 (App 2010). In its opinion issued on September 24, 2015, the Nevada Supreme Court said that an insurance company … [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...]

Oral Arguments Re: Nevada Independent Counsel Leave Many Questions Unanswered

On May 5, 2015, the parties made their final arguments to the Nevada Supreme Court on the issues of independent counsel in Nevada.  State Farm Mut. Auto. Ins. Co. v. Hansen, Nevada Supreme Court Case No. 64484.  Neither attorney strayed far from his script.  The justices asked only a few questions leaving us to guess at what the final decision may be.State Farm’s attorney acknowledged that since insurance panel counsel represents both the insured and the insurance company that conflicts can … [Read more...]

Movie Mashup! “High Noon” Meets “The Three Amigos”: The Insurance Industry Weighs In On Cumis

Here at the Nevada Law Blogs we have been imaging Nevada’s Cumis dispute as an old west show-down a la “High Noon”.  But now the insurance industry wants its say regarding the dispute.  Three insurance organizations have appeared as friends of the court.  Like “The Three Amigos”, these Three Amici were hired to save the day.  Whether the industry’s arguments prevail is yet to be seen.  But in the meantime, let’s explore and evaluate the industry’s arguments.The Three Amici are the American … [Read more...]

State Farm Argues It Has No Duty To Provide Cumis Counsel In Nevada

In prior blog posts, the Nevada Law Blogs promised its readers regular updates regarding the issue of “Cumis” Counsel that is now before the Nevada Supreme Court. See HERE and HERE. Appellant State Farm recently filed its opening brief in State Farm Mut. Auto. Ins. Co. v. Hansen, Nevada Supreme Court Case No. 64484.  You can read the entire brief HERE. In 2003, the local press widely published the facts of this case. Plaintiffs Hansen, LeFevre and Grill were at a party. They decided it was … [Read more...]