The team at Bauman, Loewe, Witt & Maxwell and the Nevada Law Blogs wish all of our clients, friends, business associates and readers a very safe and extremely enjoyable Independence Day Holiday!As we celebrate the July 4, 1776 signing of the Declaration of Independence, let’s reflect on a few important words from that life altering document: We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, … [Read more...]
Archives for June 2023
Who Controls The Defense Of The Case? The Insured Or The Insurance Company?
June 27, 2023 by
In the case of State Farm Mut. Auto. Ins. Co. v. Hansen, 131 Nev. 743, 357 P.3d 338 (2015), the Nevada Supreme Court determined that where the assigned insurance defense attorney encountered a conflict of interest between the duties owed to the insured and to the insurance company, the insured had the right to request independent counsel who, going forward, would be allowed to control the defense. But shy of pulling that trigger, how much say does the insured have regarding the control the … [Read more...]
No Duty To Defend Or Indemnify Intentional Acts
June 23, 2023 by
Sergio Mitchell worked at a local elementary school as a janitor. One of the students kicked Mr. Mitchell’s mop bucket, breaking it. When Mr. Mitchell got after the student, the student started cursing him out. Mr. Mitchell grabbed the student by the neck. The student said that Mr. Mitchell was choking him. The School District Police intervened. Ultimately, the student’s parent filed suit in the Eighth Judicial District Court. Hohman v. Clark County School District and Mitchell, Case … [Read more...]
Nevada Allows Right Of Reimbursement Of Defense Costs
June 12, 2023 by
In 2019, Nevada Coverage Law asked whether Nevada would follow the California case of Buss v. Superior Court, 16 Cal. 4th 35, 49, 939 P.2d 766 (1997) and allow Nevada insurance companies the right to seek reimbursement for uncovered defense cost. We said that Nevada often looks to California for direction on topics of law not yet addressed in Nevada. See Zurich Am. Ins. Co. v. Coeur Rochester, Inc., 720 F. Supp. 2d 1223, 1234 n. 11; see also Commercial Standard Ins. Co. v. Tab Constr., 94 Nev. … [Read more...]
