Strategies, Challenges, and Answers

Insurance Company owes No Duty to Defend where Policy includes Enforceable Pollution Exclusion

Back in the 2000s, Al Phillips the Cleaner, a Las Vegas dry cleaner, had a location in the Maryland Square Shopping Center near the Boulevard Mall.  A Ted Wiens Auto Service Center was just across the street.Residents of the Maryland Square area … [Continue reading]

BLWM attends LVDL Summer Event at TopGolf Las Vegas

Aileen Cohen and Mike Mills of BLWM attended the Las Vegas Defense Lawyer’s Summer Event at TopGolf Las Vegas. Many of the judges and justices from across the state attended.The Event was successful in big part based because of the contributions … [Continue reading]

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]

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]