Strategies, Challenges, and Answers

Does Nevada Follow The Made-Whole Doctrine In The Context of Auto Coverage?

A local insurance adjuster asks whether the “made-whole” doctrine applies in Nevada in the auto subrogation context.  This is one more great question the that is addressed by the Nevada Law Blogs.  However, as you will see, the answer is tremendously confusing. In 2005, the Nevada Supreme Court enthusiastically embraced the concept of the made-whole doctrine.  The case of Canfora v. Coast Hotels & Casinos, Inc., 121 Nev. 771, 121 P.3d 599 (2005) was a fight as to how much the Plaintiff’s … [Read more...]

The Carmack Amendment Preempts State Insurance Law Claims For Bad Faith And Unfair Claims Settlement Practices.

Mills & Associates’ practice focuses in a limited number of areas.  Two practice areas of interests are insurance bad faith law and trucking law.  So it is always interesting to find a case that we can blog about that that touches on both areas.  This is one of those cases.The Nichols family hired Mayflower Transit, LLC to transport their household good from Sacramento, CA to Henderson, NV.  The goods made it over the Nevada state line, but not all the way to the Nichols’ home.  A … [Read more...]

The Statute Of Limitations For An Underinsured Motorist Claim Does Not Start To Run Until The Carrier Has Been Called On To Satisfy Its Duties Under The Policy And Has Failed To Do So

Most lawyers can recite by memory the number of years available under statute to bring certain types of lawsuits.  In Nevada, the statutes of limitation are found in Chapter 11 of the Nevada Revised Statutes.Since insurance policies are contracts, the right to bring an action for breach of a policy is generally limited to six years.  See NRS 11.190(1)(a).  In Grayson v. State Farm Mut. Auto. Ins., 971 P.2d 798 (1998) the Nevada Supreme Court faced the question of the when this six-year … [Read more...]

You Need To Get The PD Claimant To Release Your Insured Even Though The Claimant’s Carrier Paid Him Collision Loss Benefits

Can an insured, who has been compensated by his own auto insurance company for a theft loss, still bring an action against the alleged tortfeasor?  Does Nevada’s Hotel “Shield” Law, NRS 651.010 (1), protect a hotel for the loss of a car from the valet lot?  Both questions are answered in Arguello v. Sunset Station, Inc., 127 Nev. Adv. Op. 29 (2011).  In that case, plaintiff left his vehicle with the valet at the Sunset Station Hotel & Casino.  When he returned and presented his claim ticket … [Read more...]