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...]
A Tale of Two Lawsuits.
June 1, 2016 by
It was the best of times for Nevada Direct Insurance Company. It was the worst of times for injured parties Michael and Sharon Smith. You see, the Smiths were hurt in an auto accident with a Nevada Direct policyholder Kuperman. Nevada Direct tried unsuccessfully to enlist Kuperman's cooperation in dealing with the Smiths’ claim. When Kuperman failed to cooperate, Nevada Direct filed a declaratory relief action against Kuperman, the Smiths and another injured party, Ms. Fields claiming the … [Read more...]
What do Mike Mills, Reese’s Peanut Butter Cups and Independent Counsel Have in Common?
May 9, 2016 by
As reported a few weeks ago, your favorite Nevada Insurance, Coverage and Trucking law blogger, Mike Mills of Bauman, Lowe, Witt and Maxwell was asked to present at the annual Defense Research Institute (DRI) annual Insurance Claims and Coverage Institute conference. The conference convened in Chicago in April. Mike presented “Evolution of Independent Counsel: The Nevada Experience” to almost 500 DRI members and attendees including defense & coverage counsel and insurance claims … [Read more...]
