Michael C. Mills, Esq.MILLS & ASSOCIATES3650 North Rancho Dr., Suite 114Las Vegas, NV 89130702/240-6060 x114 (voice)702/240-4267 (fax)mike@mcmillslaw.com (e-mail) Mr. Mills practices in the area of civil litigation and appeals, with particular experience in matters involving insurance coverage, insurance defense, trucking liability, premises liability, products liability and defense of personal injury. He is a member of the Defense Research Institute, Council on Litigation … [Read more...]
Archives for 2009
Where Notice Of Claim Is Untimely, Get A Signed Non-Waiver Agreement Before Begining Your Investigation
September 1, 2009 by
Insurance policies require that an insured give the company notice of a claim as soon as possible. This gives the company the chance to investigate the claim, gather information, and determine whether coverage is appropriate while the evidence is still available.Where notice of a claim is untimely, some courts accept excuses for the delays, such as, a diligent insured who simply didn’t discovery the loss or an incapacitated insured. See Columbia Union Nat. Bank v. Hartford Acc. and Indem. … [Read more...]
Nevada Law Requires “Excess-Type” UIM Coverage
July 16, 2009 by
Across the country, the various states recognize two distinct methods of calculating the amount of underinsured motorist coverage available. The two models are known as “excess-type” and “reduction-type” UIM coverage.In states where the “reduction-type” UIM model is followed, the insured’s UIM coverage limits are reduced by the underlying liability policy limits. For example, if you had $100,000 in UIM coverage and the tortfeasor had $15,000 in bodily injury liability limits, then you … [Read more...]
Even Where the Policy Language Conflicts, The Renter’s Personal Auto Policy Is Primary To The Rent-A-Car’s Financial Responsibility Coverage
June 19, 2009 by
The case of Alamo Rent-A-Car v. State Farm, 114 Nev. 154, 953 P.2d 1074 (1998) was a high-stakes showdown between a rental car company and two personal auto insurance companies, State Farm and Valley Forge. As you know, Nevada law requires that a rental car company must provide proof of financial responsibility on every car that the company puts on the road. NRS 482.295. And in this case, each driver had his or her own personal auto coverage. The dispute that the court was asked to resolve … [Read more...]
Plain Vanilla Nevada Bad Faith
May 26, 2009 by
Farmers Home Mutual Ins. v. Fiscus, 102 Nev. 371, 725 P.2d 234, (1986) is a text book example of a straightforward bad faith suit. It all started out simply enough.The Fiscus family used an evaporative cooler to keep their Boulder City home tolerable during the long, hot Nevada summers. The cooler’s water supply line hooked into the pipe under the kitchen sink and ran up to the roof. While the Fiscus family was away on a three-week summer vacation, the cooler’s supply line became … [Read more...]
