Strategies, Challenges, and Answers

Financial Responsibility Liability Coverage Provided By Rental Car Companies Is Secondary To The Driver’s Personal Coverage Based On Language In The Rental Contract

Betty Roe rented a car from Allstate Rent-A-Car.  While driving that car, she caused an accident with injuries.  She didn't buy any additional insurance coverage from the rental car company but she had her own personal auto insurance through Co-Operators Insurance Company. As you may know, NRS 482.295 requires that before rental car company can be licensed, it must demonstrate that is has auto liability coverage for each car going out the door.  The rental company can either buy insurance or … [Read more...]

Will A New Appellate Court Mean More Nevada Jobs?

In the Nevada Law Blogs, we regularly discuss “Nevada Factors”.  These Nevada Factors are circumstances that are unique to Nevada’s laws or judiciary which make it different from the other states. One Nevada Factor that arises over and over again is the dearth of controlling legal precedents on which Nevada civil lawyers and judges can predictably rely.  The main reason why there are so few civil precedents is because Nevada has only one court of appeals.  That court is the Nevada Supreme … [Read more...]

Examinations Under Oath Meant To Prevent Unnecessary Litigation

In addition to detecting FRAUD, examinations under oath serve a number of other purposes.  For example in the case of Yeo v. State Farm Ins. Co., 219 Mich. App. 254, 258, 555 N.W.2d 893, 895 (1996) the court explained that an examination allowed an insurance company to gather facts it would need to determine whether it would adjust the claim or defend a denial.  In other words, examinations under oath also help prevent unnecessary litigation. In the case of Dietz v. Hardware Dealers Mut. Fire … [Read more...]

Can Anyone Find A Reported Nevada Case That Deals With Examinations Under Oath?

An insured’s obligation to give an Examinations Under Oath in conjunction with an insurance claim has been around a long time.  Take for example the case of Claflin v. Commonwealth Ins. Co., 110 U.S. 81, 3 S. Ct. 507, 28 L. Ed. 76 (1884).  There, the U.S. Supreme Court explained that the purpose behind an Examination Under Oath was "to enable the [insurance] company to possess itself of all knowledge and all information as to other sources and means of knowledge, in regard to the facts, material … [Read more...]

Congratulations to our own Carrie McCrea Hanlon, Esq. for her decisive victory on behalf of client Alaska Airlines.

Carrie McCrea Hanlon of Mills & Associates won a defense verdict in favor of defendant Alaska Airlines in the U.S. District Court, District of Nevada case of Ginena v. Alaska Airlines, Inc., 2:04-CV-01304-MMD-CWH.  The Las Vegas Review Journal reports on Carrie’s success HERE.  Alaska Airlines is a small but fast growing airline and is proud that this case will establish an important precedent that will benefit carriers nationwide.  (Click HERE for a recent New York Times article … [Read more...]