In a recent post on our Nevada Insurance Law blog, we discussed how the person (usually a parent) who signs a minor’s driver’s license can be vicariously liable for the minor’s conduct. In the case of United Services Auto. Ass’n v. Crandall, 95 Nev. 334, 594 P.2d 704 (1979), the Nevada Supreme Court gives some direction as to how it will handle coverage in sticky parental liability cases.In Crandall, the father had signed the driver’s license of his 16-year-old daughter. The daughter took … [Read more...]
When An Accident Happens Out Of The State, Which State’s Law Governs?
November 13, 2012 by
Tourists love Las Vegas!!! Many tourists come here to see the hotels, the casinos and the shows. But after a while the hotels, casinos and shows all start to look alike. So tourists are known to rent cars and go wandering the Wild West to take in the natural wonders just a few hours from town, including Death Valley in California, the Grand Canyon in Arizona and Zion National Park in Utah. That’s a lot of travel across many state lines. So when an accident happens outside of Nevada in a Las … [Read more...]
Can An Injured Plaintiff Sue A Nevada Rental Car Company Along With The Negligent Rental Driver?
November 5, 2012 by
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...]
An Heir Cannot Recover Wrongful Death Damages From His Or Her Own Personal Underinsured Motorist Policy If That Heir Suffered No Bodily Injury In The Fatal Accident
May 13, 2011 by
Deborah Fackett’s mother died from injuries she received in a car crash. Deborah was not involved in the crash. She suffered no physical trauma. Deborah’s car was in no way involved in the accident. Nevertheless, as her mother’s legal heir, Deborah qualified to pursue a claim against the tortfeasor under Nevada’s Wrongful Death Statute (N.R.S. 41.085). For a brief overview of Wrongful Death in Nevada see HERE.Deborah filed a claim with the tortfeasor’s carrier and it paid its policy … [Read more...]
Is An Intentional Acts Exclusion Ambiguous And Unenforceable Against A Co-Insured For Allegations Of Failure To Supervise The Intentional Actor?
April 7, 2011 by
As reported HERE, the Nevada Supreme Court concluded in the case of Fire Ins. Exch. v. Cornell, 120 Nev. 303, 90 P.3d 978 (2004), that a homeowner’s carrier had no duty to defend or indemnify the parents of an adult child who committed statutory sexual seduction against allegations that the parents negligently supervised the adult son. In that case, the policy did not just exclude coverage for the intentional actor. The policy language was broader. The policy said that that there would be no … [Read more...]
