The Nevada Law Blogs have been serializing the arguments made by the parties in the case of State Farm v. Hansen. We had imagined the two opponents in this case standing face-to-face in an old-west gunfight. The question to be resolved by this dual is if and under what circumstance an insurance company should be forced to give up its contractual right to select the attorney who will defend the insured and instead allow the insured to choose its own independent counsel at the expense of the … [Read more...]
Archives for 2014
Is It Time To Be Done With The Notion That Nevada Law Should Favor California Law When Nevada Law Is Silent?
A Reasonable Defense Trumps Bad Faith Even With Multiple Policy Limit Demands And An Excess Verdict
Jesse Kalberer and Eileen Mediola were in a car accident. Ms. Mediola’s attorney sent a policy limit demand to Jesse’s auto carrier, American Family. American Family rejected the demand claiming that the injuries were pre-existing and that the medical bills were overstated.American Family warned Jesse of a possible excess verdict. Plaintiff even emailed American Family and asked the company to settle so as to not expose Jesse to an excess verdict.At the same time, Jesse’s defense … [Read more...]
Nevada Voters Approve Creation Of Nevada’s First Appellate Court
On November 4, 2014, Nevada voters approved Ballot Question No. 1 authorizing the creation of a Nevada Appellate Court. According to results published by the Secretary of State’s office, the question prevailed in Clark, Washoe and Carson City Counties but went down to defeat in all other counties. The margin of victory in the more populous counties was enough to put the measure over the top. The state’s Board of Examiners wasted no time approving start-up funds for the new court and sending a … [Read more...]
Nevada Requires Drivers To File Traffic Reports If Police Do Not Respond
The Las Vegas’ Metropolitan Police Department no longer responds to motor vehicle accidents where no one reports an injury. However, if Metro does not respond, current law requires drivers (or if the drivers are unable, then the owners) to file an accident report if a Nevada motor vehicle accident results in property damage that exceeds $750.00. See NRS 484E.070(2). Thus, these driver’s Reports of Traffic Accident have become more critical than ever before. The Report of Traffic Accident … [Read more...]