Eric and Erwin Lopez were hurt when a negligent and underinsured driver hit their car. They sued the driver. As discovery progressed, Eric and Erwin convinced the driver to settle. However, they would not give the negligent driver a release. Instead, they offered the driver a Covenant Not to Execute against him in excess of his bodily injury liability limits. The negligent and underinsured driver accepted. The bodily injury liability limits were paid and the Covenant provided. However, … [Read more...]
Archives for 2016
When Is It Too Late For A UM/UIM Carrier To Intervene In The Underlying Litigation?
October 15, 2016 by
What Type of Proceedings Must a Nevada Insurer Defend?
September 28, 2016 by
Most liability policies obligate the insurance company to defend its insured in case of a “suit”. So what proceedings constitute a “suit” that an insurer must defend? Assuming a duty to indemnify for damages based on a theory of liability put forth in the Complaint, the insurance company has a duty to defend such a lawsuit. State Farm Mut. Auto. Ins. Co. v. Hansen, 131 Nev. Adv. Op. 74, 357 P.3d 338 (2015). However, the Nevada Supreme Court has not faced a decision as to whether that duty … [Read more...]
What Triggers An Insurer’s Duty To Defend In Nevada?
September 12, 2016 by
A primary insurer's right and duty to defend attaches upon notice of a demand and continues through the litigation to final resolution of the claim. Allstate Ins. Co. v. Miller, 125 Nev. 300, 309, 212 P.3d 318, 325 (2009).An insurer’s “duty to defend is broader than the duty to indemnify. In other words, as a general rule, an insurer's duty to defend is triggered whenever the potential for indemnification arises, and it continues until this potential for indemnification ceases." Benchmark … [Read more...]
The Attorney And The Hospital Have Competing Liens. How Can The Company Safely Settle?
August 4, 2016 by
You are familiar with this scenario.The claimant is willing to sign a release in exchange for your insured’s policy limit. However, the claimant, the attorney and the hospital, all legitimate lienholders, can’t agree on how to divide up the money. Sometimes there is just not enough money to go around.It seems like a no win situation.If the insurance company pays the settlement proceeds to the attorney without protecting the hospital lien, the hospital could pursue the insurance … [Read more...]
What Changes Do You Expect When Nevada Justice Court Jurisdiction Increases From $10,000 To $15,000 In January 2017?
June 23, 2016 by
The 2015 Nevada Legislature increased the state courts’ jurisdictional limits. Assembly Bill 66 saw the jurisdictional limit in small claims increase from $7,500 to $10,000. That change took effect on October 1, 2015. NRS 73.010.The same bill increased the jurisdictional limit of Nevada’s Justice of the Peace courts. Since 2003, the jurisdictional limit had been set $10,000. Assembly Bill 66 increased the jurisdictional limit to $15,000. NRS 4.370 (1). These changes take effect on … [Read more...]
