At Bauman Loewe Witt & Maxwell we are pleased to announce that Las Vegas Defense Lawyers (LVDL) members elected Aileen E. Cohen, Esq. to its Board of Directors. The election took place at the Fifth Annual LVDL Dinner on March 30, 2017. Aileen will be working on LVDL advocacy efforts in support of the civil litigation defense bar before the Nevada Legislature in addition to other ongoing projects to promote LVDL objectives. Las Vegas Defense Lawyers is an organization of attorneys … [Read more...]
When Is An Insurer Responsible For Pre-Tender Defense Costs?
The Nevada Supreme Court has not decided whether an insurance company is obliged to reimburse its insured for defense costs incurred prior to the tender of the claim to the company. However, in many instances, where Nevada law is silent, Nevada looks to California law for direction. See Zurich Am. Ins. Co., 720 F. Supp. 2d 1223, 1234 n. 11 (2010). See also Commercial Standard Ins. Co. v. Tab Constr., Inc., 94 Nev. 536, 539, 583 P.2d 449, 451 (1978) (relying on the California Supreme Court’s … [Read more...]
Nevada’s Exclusive Remedy Provision Prevents Employees From Suing Insured Employers For On-The-Job Injuries In Nearly All Cases
“Have you been injured?” is a common question posed by personal injury attorneys who are looking for new clients. But just because a person was injured in an accident does not mean that the injured person can prevail in a negligence suit against the person causing the harm. Take for example, a person injured on the job. Under Nevada law, if a person is injured in the course and scope of employment, the injured worker cannot succeed in a suit against a properly insured employer except under … [Read more...]
Advice On Settling Wrongful Death Claims in Nevada In January 2017 “Nevada Lawyer”
Mike Mills’ article on Settling Wrongful Death Claims in Nevada appeared in the January 2017 issue of the Nevada Lawyer magazine. Mike was honored to join other legal scholars who covered important topics on Personal Injury Law in Nevada. Check out Mike’s advice HERE. If you need additional information on this topic, please don’t hesitate to contact Michael C. Mills of Bauman, Loewe, Witt & Maxwell at 702-240-6060 x 114 or contact him by email at mmills@blwmlawfirm.com. … [Read more...]
In Deciding Whether An Insurance Company Has A Duty To Defend Its Insured, Will Nevada Courts Look Beyond The Four Corners Of The Complaint?
In deciding whether an insurance company has a duty to defend its insured, courts have often said that they will not look beyond the “four corners” of the plaintiff’s complaint. If the allegations of the Complaint allege facts that fall within coverage, there is a duty to defend. If not, there is no duty. In the case of United Nat’l Ins. Co. v. Frontier Ins. Co., 120 Nev. 678, 687, 99 P.3d 1153, 1158 (2004) the Nevada Supreme Court enunciated the rule that it would follow in making the duty … [Read more...]