Strategies, Challenges, and Answers

Archives for 2015

Nevada Supreme Court Upholds Verdict Finding Right-Of-Way Violator Only 25% At Fault

The traffic light at the intersection of Sahara and Fort Apache was green for east-west travel. Raymond Yeghiazarian, travelling westbound, wanted to turn left on a permissive green ball.Heading eastbound in his patrol car was LVMPD Officer Jared Wicks. Running without lights or siren, Officer Wicks was travelling faster than the posted speed limit of 45 mph. Yeghiazarian made his left turn in front the oncoming Officer.  The two collided in the intersection.Yeghiazarian suffered severe … [Read more...]

The 2015 Nevada Legislature Repeals Offer of Judgment Statute NRS 17.115.

Another interesting change made by the 2015 Nevada Legislature was the repeal of Nevada's Offer of Judgment statute, NRS 17.115. This change should have little or no practical effect because every offer of judgment I have ever seen that was served in Nevada litigation was made under the duplicate provisions of this statute and Rule 68 of the Nevada Rules of Civil Procedure.One day I might look back in the legislative history and figure how and why these duplicate provisions came to be. But … [Read more...]

Trial Judge Let’s Plaintiff Have Cake And Eat It Too.

Setting: A courtroom somewhere in Las VegasCast of Characters:Treating Doctor Plaintiff’s Attorney (P.A.) Defendant’s Attorney (D.A.) JudgeDoctor:         I performed surgery on Plaintiff and my charges are reasonable.D.A.:              But wait!  Doctor’s opinions regarding reasonableness are not believable.  He is biased.  He performed the surgery on a lien and the lien is admissible to prove bias. If you don't believe me, take a look at the case of Craigmiles v. Egan, … [Read more...]

The 2015 Nevada Legislature Repeals NRS 690B.042 Requiring Policy Limit Disclosures

For the last 20 years, insurance companies operating in Nevada have been required to disclose their insured’s policy limit to Plaintiff’s attorneys if certain conditions are met.  However, Nevada’s 2015 legislature repealed NRS 690B.042 altogether.  Insurance companies no longer are required to disclose the liability limits of their insured before a lawsuit is filed.Plaintiff’s personal injury attorney Bob Massi is upset and suggests that this change will result in an increase in the number … [Read more...]

Improper Cancellation or Non-Renewal Can Be A Breach Of Contract And An Unfair Insurance Claims Settlement Practice

In 1989, the Reinkemeyers insured their home with Safeco.  Between 1989 and 1993, they submitted three homeowner’s insurance claims, none of which were their fault.  In 1994, Safeco told the Reikemeyers that it would not renew their policy.The Reinkemeyers sued alleging that Safeco had violated the provisions of NRS 687B.310 - .420.  In particular, they pointed to NRS 687B.385 which currently provides: NRS 687B.385 Cancellation, nonrenewal or increase in premium due to claims for which … [Read more...]