Here at the Nevada Law Blogs we have been imaging Nevada’s Cumis dispute as an old west show-down a la “High Noon”. But now the insurance industry wants its say regarding the dispute. Three insurance organizations have appeared as friends of the court. Like “The Three Amigos”, these Three Amici were hired to save the day. Whether the industry’s arguments prevail is yet to be seen. But in the meantime, let’s explore and evaluate the industry’s arguments.The Three Amici are the American … [Read more...]
Archives for 2014
Movie Mashup! “High Noon” Meets “The Three Amigos”: The Insurance Industry Weighs In On Cumis
November 6, 2014 by
Vote Yes On Question 1 Creating A New Nevada Appellate Court
October 21, 2014 by
Question One on the November 2014 Nevada ballot seeks to establish a three-judge appellate court in Nevada. The Nevada Law Blogs support the creation of this new court.According to the Nevada State Bar, the Court of Appeals would consist of three judges, The Ballot Question Explanation provides that the Governor would appoint the initial three judges from nominees provided by the Commission on Judicial Selection. The initial three judges would be appointed to two-year terms. Thereafter, … [Read more...]
State Farm Argues It Has No Duty To Provide Cumis Counsel In Nevada
September 14, 2014 by
In prior blog posts, the Nevada Law Blogs promised its readers regular updates regarding the issue of “Cumis” Counsel that is now before the Nevada Supreme Court. See HERE and HERE. Appellant State Farm recently filed its opening brief in State Farm Mut. Auto. Ins. Co. v. Hansen, Nevada Supreme Court Case No. 64484. You can read the entire brief HERE. In 2003, the local press widely published the facts of this case. Plaintiffs Hansen, LeFevre and Grill were at a party. They decided it was … [Read more...]
Nevada Follows The “Initial Permission” Rule When Dealing With Questions Of Permissive Use
September 2, 2014 by
Normally, it is easy to know whether the person whose name is on the auto insurance policy has liability coverage when operating his or her insured car. But that analysis becomes more difficult when the driver is not a named insured. Nevada Law requires that a liability insurance policy must extend to any person that is operating the vehicle with the “express or implied permission of the named insured.” NRS 485.3091(1)(b). The “omnibus clause” in most insurance policies allow for this type of … [Read more...]
#TBT Nevada’s Guest Statute Declared Unconstitutional
July 31, 2014 by
On Social Media, people like to celebrate “Throw Back Thursday”. On Thursdays, with a reference to hashtag #TBT, people post old photos of themselves, their families and their cities. In that tradition, this post qualifies as a legal “Throw Back Thursday” on the topic of Nevada’s Guest Statute.Back in 1975, Nevada ’s Guest Statute prevented any person who was a non-paying guest passenger from suing the driver of the car for negligence. NRS 41.180. … [Read more...]
