Strategies, Challenges, and Answers

One Minute Closer To High Noon

A Nevada Law Blog post recently compared an iconic wild-west film showdown to an upcoming showdown at the Nevada Supreme Court.   The showdown will decide whether the Court will impose Cumis-type obligations on Nevada insurance companies where an assigned defense panel counsel faces an irreconcilable conflict between the interests of the insurance company and those of the policyholder.  An order just issued by the U.S. District Court, District of Nevada shows that this high noon showdown about … [Read more...]

Is A Nevada Insurance Company Obligated To Provide Its Policyholder With A Conflict-Free Defense? Nevada and Cumis.

Like a classic American western, the stage is set for a showdown.  If this were a movie,  the overhead sun would reflect off the lawman’s brightly polished star.  The gunslinger would strap on his belt and tie the holster to his thigh.  You would see mothers rushing their children inside, as the clock ticks closer to noon.  People in the saloon would be placing their bets on who would win this upcoming confrontation.  However this battle isn’t one of gunpowder and bullets.  Instead it is one of … [Read more...]

Can An Injured Plaintiff Sue A Nevada Rental Car Company Along With The Negligent Rental Driver?

A tourist arrives at Las Vegas’ McCarran Airport and rents a car.  On the way to the hotel, the tourist causes an accident and injures a local driver.  The injured driver sues naming both the renter and the rental car company as defendants.  Is this proper? Of course, it depends.  If the rental car company rented the car to someone who was intoxicated or who did not furnish proof of a valid driver’s license, there may be grounds for an independent cause of action against the rental car … [Read more...]

Responding To The Anticipated Fallout Of The Haygood And Howell Opinions

No one is surprised when people who are hurt in accidents go to the doctor’s office for care.  In the past, many went to doctors who provided them care through their group health insurance programs.  These group healthcare providers usually have pre-negotiated reimbursement agreements with the group health insurance carriers.  Those insurance carriers pay the providers a sum certain for each service provided.  The pre-negotiated reimbursement agreements normally prevent the doctors from charging … [Read more...]

Mills & Associates Accepts Invitation To Join Council On Litigation Management

Mills & Associates is proud to announce that it has accepted the nomination to join the Council on Litigation Management. For those unfamiliar with the organization, CLM is dedicated to improving the principles and practices of litigation management.  Members and Fellows of the Council include representatives of the insurance industry as well as nominated attorneys . Some of the areas of interest of the organization include Alternative Dispute Resolution, Commercial Litigation, … [Read more...]