Strategies, Challenges, and Answers

Who Controls The Defense Of The Case? The Insured Or The Insurance Company?

In the case of State Farm Mut. Auto. Ins. Co. v. Hansen, 131 Nev. 743, 357 P.3d 338 (2015), the Nevada Supreme Court determined that where the assigned insurance defense attorney encountered a conflict of interest between the duties owed to the … [Continue reading]

No Duty To Defend Or Indemnify Intentional Acts

Sergio Mitchell worked at a local elementary school as a janitor.  One of the students kicked Mr. Mitchell’s mop bucket, breaking it.  When Mr. Mitchell got after the student, the student started cursing him out.  Mr. Mitchell grabbed the student by … [Continue reading]

Nevada Allows Right Of Reimbursement Of Defense Costs

In 2019, Nevada Coverage Law asked whether Nevada would follow the California case of Buss v. Superior Court, 16 Cal. 4th 35, 49, 939 P.2d 766 (1997) and allow Nevada insurance companies the right to seek reimbursement for uncovered defense cost.  We … [Continue reading]

The Immense Sacrifice Of Our Fallen Heroes Must Always Be Remembered . . .

“Was it worth it?”This is a question, sometimes politically-loaded, that is often asked of family members and war buddies of our Fallen Heroes.Marine Corps General John Kelly recently offered a unique perspective. A veteran of Iraq and … [Continue reading]

By A Preponderance Of Evidence

In civil cases, a Nevada Plaintiff has the burden of proof.  But what standard of proof must that Plaintiff meet to prevail?  In a civil case, the standard of proof in Nevada is “by a preponderance of evidence”.  The case of Deiss v. S. Pac. Co., … [Continue reading]