Strategies, Challenges, and Answers

CELEBRATE LABOR DAY ! ! !

The team at Bauman, Loewe, Witt & Maxwell and the Nevada Law Blogs wish all of our clients, friends, business associates and readers a very safe and extremely enjoyable Labor Day Holiday!In 1894 Labor Day was designated a federal holiday to … [Continue reading]

The Duty To Defend Continues Through The Entire Litigation

Once the duty to defend arises, the insurer's duty continues throughout the entire litigation.  United Nat'l Ins. Co. v. Frontier Ins. Co., 120 Nev. 678, 687, 99 P.3d 1153, 1158 (Nev. 2004).  The duty to defend continues until final resolution of the … [Continue reading]

An Insured Can Seek A Broad Range Of Damages If An Insurer Wrongfully Fails To Defend

Failure of Duty to Defend

In Nevada, if an insurance company breaches its duty to defend, it can expect to face a wide array of possible damagesIf the insured takes up its own defense, the insurer can expect to pay the reasonable costs incurred by the insurer in the … [Continue reading]

When Will Nevada Allow An Insurer The Right Of Recoupment?

We know that the duty to defend is broader than the duty to indemnify.  Benchmark Ins. Co. v. Sparks, 254 P.3d 617, 620-21 (2011). We also know that once the duty to defend kicks in on one claim, the insurance company is obliged to defend the insured … [Continue reading]

Does An Insurer Have A Duty To Defend When Other Insurers Have Already Taken Up The Defense?

The Nevada Supreme Court has not decided whether an insurance company is obliged to defend when other insurers, who also owe a duty to defend the same insured, have already taken up the defense..  The cases of Commercial Standard Ins. Co. v. Tab … [Continue reading]