Strategies, Challenges, and Answers

Archives for 2018

Season’s Greetings

I really enjoy this time of year.  It means that I get to spend more time with my family and splurge eating some foods that I would otherwise shun.I hope that all of the readers of the Nevada Law Blogs will also be sipping something warm, eating a little too much and staying safe out of the weather.  Most importantly, I hope that you all will be sharing this wonderful Season with those that you love.From all of us to all of you, have a Happy Holiday. … [Read more...]

Nevada Does Not Recognize An Independent Tort Action For Spoliation

After remodeling, the Taco Cabana Restaurant was open again for business. But the remodeled decorative ceiling collapsed onto the customers.  People were hurt.  A lawsuit followed.The contractors and the restaurant entered into an agreement to preserve the collapsed ceiling until all lawsuits regarding the collapse were resolved.  Thereafter, the insurance companies of the contractor and the restaurant became involved.  The insurance companies paid the warehouse fees to store the debris. But … [Read more...]

The Duty To Defend Continues Through The Entire Litigation

Once the duty to defend arises, the insurer's duty continues throughout the entire litigation.  United Nat'l Ins. Co. v. Frontier Ins. Co., 120 Nev. 678, 687, 99 P.3d 1153, 1158 (Nev. 2004).  The duty to defend continues until final resolution of the claim.  Allstate Ins. Co. v. Miller, 125 Nev. 300, 309, 212 P.3d 318, 325 (2009).  An insurance company may not terminate its duty to defend by depositing the insurance proceeds with the court when the policy terms are ambiguous as to whether the … [Read more...]

Negligent Entrustment Of Motorcycle Not Covered By Homeowner’s Policy

Mr. Gregory had a motorcycle. It was a piece of work. The tires were bald.  The front tire was underinflated.  The rear tire was overinflated.  Mr. Gregory loaned the motorcycle to his son Jimmey. But to be safe, Mr. Gregory gave his son a couple of modified helmets.Jimmey was taking Phillip Senteney on a ride on the bike.  Jimmey crashed. Phillip was hurt.Mr. Gregory had motorcycle insurance with $100,000 in liability coverage.  Phillip Senteney’s dad was not satisfied.  He refused … [Read more...]

Mills Contributes to DRI’s 2018 Unfair Claims Settlement Practices Act Compendium

DRI has again honored Mike Mills, selecting him to author the Nevada and Utah Chapters in its 2018 Unfair Claims Settlement Practices Act Compendium.  DRI turns to it most respected members from across the country to author state-specific sections to all of its Compendia.  Mike Mills also authored the Nevada Chapter of DRI’s 2016 Duty to Defend Compendium.  A full copy of the UCP Compendium can be ordered from DRI at Order Your Copy Here!.Feel free to preview the Compendium by CLICKING HERE … [Read more...]