A tourist arrives at Las Vegas’ McCarran Airport and rents a car. On the way to the hotel, the tourist causes an accident and injures a local driver. The injured driver sues naming both the renter and the rental car company as defendants. Is this proper? Of course, it depends. If the rental car company rented the car to someone who was intoxicated or who did not furnish proof of a valid driver’s license, there may be grounds for an independent cause of action against the rental car … [Read more...]
Can An Injured Plaintiff Sue A Nevada Rental Car Company Along With The Negligent Rental Driver?
November 5, 2012 by
Insured Claimants Have A Private Right Of Action Against An Individual Nevada Licensed Independent Adjuster For A Violation Of The Nevada Unfair Claims Settlement Practices Act
October 11, 2012 by
Nevada's Unfair Claims Practices Act (NRS 686A.310(2)) creates a private right of action against an "insurer" for violations of the act. Adjusters might believe that when Plaintiffs allege Unfair Claims Practice that they can point to the "insurer" as the only party who must answer for their violations. However, independent adjusters would be mistaken in their belief. Nevada Licensed Independent Adjusters are familiar with NRS Chapter 684A. That is the section of the law that details … [Read more...]
Nevada Follows Bad Faith Standard Enunciated In Anderson v. Continental Ins. Co.
September 20, 2012 by
Primarily, courts across the nation have applied two different standards to determine whether an insurance company has acted in bad faith. First is the standard set by the California Supreme Court case of Gruenberg v. Aetna Ins. Co., 9 Cal 3d 566, 510 P.2d 1032 108 Cal. Rptr. 480 (1973). In Gruenberg, the California Supreme Court found that an insurer breaches the covenant of good faith and fair dealing when it refuses “without proper cause, to compensate its insured for a loss covered by … [Read more...]
The Nevada Supreme Courth Finds An Earth Movement Exclusion To Be Ambiguous And Unenforceable
August 14, 2012 by
In the 2011 case of Powell v. Liberty Mutual Fire Ins. Co., 127 Nev. Adv. Op 14, 252 P.3d 668 (2011) the Nevada Supreme Court struck down the insurance company’s “earth movement” exclusion as ambiguous and unenforceable. In light of an earlier federal case, the outcome was something of a surprise. In the earlier case of Schroeder v. State Farm Fire and Cas. Co., 770 F.Supp. 558 (1991) the court considered facts very similar to those raised in the Powell decision. The opinion recites those … [Read more...]
Michael Mills Profiled In Attorney At Law Magazine
July 24, 2012 by
In addition to honoring Justice A. William Maupin (ret) with the cover feature story, Mr. Michael C. (Mike) Mills was the only other Nevada attorney profiled in the Premiere Issue of the Las Vegas edition of Attorney at Law Magazine. The article shares Mr. Mills philosophy, experience and outlines why teaching is such an important part of his practice. Click HERE to view the article in full screen. … [Read more...]
