The duty to defend is broader than the duty to indemnify because the duty to defend covers not just claims for which the insured is liable, but also claims for which the insured could be found liable. United Nat’l Ins. Co. v. Frontier Ins. Co., 120 Nev. 678, 687, 99 P.3d 1153, 1158 (2004). Where there is no potential for coverage, there is no duty to defend. Bidart v. Am. Title Ins. Co., 103 Nev. 175, 179, 734 P.2d 732, 734 (1987).When interpreting insurance policy terms, the Nevada Supreme … [Read more...]
Archives for 2016
The Graves Amendment Eliminates Vicarious Liability Of Motor Vehicle Rental Companies . . . Mostly?
December 2, 2016 by
“This article was originally published in the October 2016 issue of COMMUNIQUÉ, the official publication of the Clark County Bar Association.”Many lawyers are unfamiliar with the 2005 Graves Amendment, 49 U.S.C. § 30106(a). This federal law eliminates vicarious liability claims against vehicle rental companies based exclusively on a company’s status as the owner of the vehicle. Most direct challenges to the law have failed. But practitioners have found ways around effects of the law and may … [Read more...]
Settlement, Unsettled
November 28, 2016 by
The claimant’s counsel makes a policy limit demand. After receiving authority to settle for the liability limits, you tender the policy limit and your company’s standard Release. Claimant’s counsel rejects the Release. Instead, counsel insists on a Covenant Not to Execute. Why would the attorney do that?This post will hopefully give you more information regarding the distinctions between these two types of settlement documents and the advantages and disadvantages of each.What is the … [Read more...]
Mike Mills Contributes to DRI’s 2016 Uninsured/Underinsured Compendium
November 14, 2016 by
DRI has honored Mike Mills by selecting him to contribute to its 2016 Uninsured/Underinsured Motorist Compendium. DRI turns to it most respected members from across the country to author state-specific sections to all of its Compendia. Mike Mills was selected to author the Nevada section of the 2016 Uninsured/Underinsured Motorist Compendium. A full copy the Compendium can be ordered from DRI at UM/UIM Compendium.Feel free to preview the Compendium . The Nevada section by Mike Mills can be … [Read more...]
If You Don’t Buy Loss Damage Waiver Protection, You May Have To Pay To Repair The Rental Vehicle Even If the Damages Were Not Your Fault.
October 26, 2016 by
Elite Moving & Storage, Inc. made a practice of renting trucks from Malco Enterprises of Nevada, Inc. One of the trucks sustained damage when Elite rolled it over. Malco demanded that Elite pay the damage. When it did not, Malco filed suit.Vehicle rental agreements almost universally say that the renter will be responsible for any damage done to the vehicle, even if the driver was not negligent. Optional LDW protection waives that provision and protects the renter from having to pay … [Read more...]
