Fourth St. Place hired Roofing contractors to replace the roof on its building. The contractors removed the old roofing and planned to return the next week to complete the job. That is when the rain started. The roofers came back and laid out tarps. However, some damage had already been done. To make matters worse, the tarps blew away resulting in more damage. Travelers denied the claim. A declaratory relief action ensued. The trial court granted the Plaintiff’s Motion for Summary … [Read more...]
Nevada Adopts The Doctrine Of Efficient Proximate Cause Denies Coverage Nevertheless Finding The Doctrine Inapplicable
February 7, 2012 by
An Auto Policy Will Cover The Insured When Driving Someone Else’s Car Unless That Car Is Available For The Insured’s “Regular Use”. Whether The Car Is Available For The Insured’s Regular Use Is Normally A Question Of Fact. But. . .
January 6, 2012 by
. . . EVEN THE SLIGHTEST RESTRICTION TO THE LIMITATION OF USE WILL GIVE RISE TO A DUTY TO DEFENDMost auto policies provide an insured person coverage when driving another person's vehicle with that person’s permission. There is however an exception to that rule. The exception is that the "non owned" vehicle must not be "available or furnished for the regular use" of the insured person. There have been two Nevada cases that have considered this issue. Let’s explore both.The earlier … [Read more...]
An Insured Cannot Recover UM And UIM Benefits From The Same Policy
January 3, 2012 by
In the case of Hall v. Farmers Ins. Exch., 105 Nev. 19, 768 P.2d 844 (1989) the Nevada Supreme Court considered the question of whether a claimant could recover both uninsured (UM) and underinsured (UIM) benefits from the same policy. Ruby Hall was walking along minding her own business when two negligent drivers collided. The cars struck Ruby causing her injury. One of the drivers was uninsured and the other was underinsured.Ruby's father had foresight to buy an insurance policy that … [Read more...]
An Activist Supreme Court Prohibits Enforcement Of Binding Arbitration Provision That Prevents Nevada Consumers From Joining Class Action Suit
December 30, 2011 by
Auto insurance is not the only industry in which Nevada law provides protections to consumers. In a previous POST, we pointed out that the legislature precluded the enforcement of compulsory arbitration provisions in auto insurance policies.Now the Nevada Supreme Court is getting into the act of refusing to enforce similar provisions in consumer sales contracts. In the recent case of Picardi v. Eighth Judicial Dist. Court, 127 Nev. Adv. Op. 9, 251 P.3d 723 (Nev. 2011), the Court found that … [Read more...]
No UM/UIM Coverage Available To Person Overage Available To Person Injured By City Owned Street Sweeper
December 29, 2011 by
In White v. Continental Ins. Co., 119 Nev. 114, 65 P. 3d 1090 (2003), the Nevada Supreme Court faced a unique situation. The question was whether an Uninsured / Underinsured Motorist (UM/UIM) carrier owed benefits to an insured who had been injured when his automobile was hit by a street-sweeping machine owned by the City of Reno. The doctrine of Sovereign Immunity protected Reno. Nevada’s Waiver of Sovereign Immunity Statute, N.R.S. 41.031 et seq. provides that recovery against any … [Read more...]
