In a previous blog post HERE, we discussed the case of Alamo Rent-A-Car v. State Farm. The Alamo decision concluded that as between the personal liability coverage of the driver and the statutorily created rental car coverage or self-insurance of NRS 482.305(1), the personal liability coverage of the driver is primary. Unanswered in the Alamo opinion was what would happen if the claimant’s damages were to exceed the policy limit of the driver’s personal policy. That issue was addressed in … [Read more...]
“You Heard It Right The First Time!” The Nevada Supreme Court Reaffirms and Clarifies the Salas Decision In Hall V. Enterprise Leasing Co.
January 11, 2010 by
The Walls Of Nevada’s Dram Shop Wonderland Castle Withstand Assault
November 11, 2009 by
The post "THE WALLS OF NEVADA'S DRAM SHOP WONDERLAND CASTLE WITHSTAND ASSAULT" originally appearing here has been moved to the Nevada Insurance Law blog. The post may be viewed by clicking HERE. For convenience, ALL posts related to Nevada Dram Shop Law may be viewed by following this link: Nevada Dram Shop Law … [Read more...]
The Walls Of Nevada’s Dram Shop Wonderland Castle Withstand Assault
October 29, 2009 by
In our previous blog post, Dram Shop Wonderland, we addressed attempts that have been made over the years by Nevada lawyers to impose liability on bar, tavern and hotel owners for injuries and damages caused by their inebriated guests. We noted that despite compelling circumstances, the courts have not imposed liability. The court’s argument has been that if dram shop liability is to be imposed, it must be done by the Nevada legislature. It has been 13 years since the last attempt to … [Read more...]
Remedies For An Automobile Insurance Company’s Breach Of Nevada’s “Promt Pay” Statute Are Administrative, Not Judical
October 22, 2009 by
Under Nevada law, insurance companies have an obligation to pay claims promptly. See N.R.S. 690B.012. But what is the remedy if the insurance companies don’t pay on time? In the case of Allstate Ins. Co. v. Thorpe, 123 Nev. 656. 170 P.3d 989 (2007), a doctor and a chiropractor sued the insurance company in court and learned that their complaints of delays cannot go directly to a judge. They must be administratively handled instead. In that case the doctor and a chiropractor apparently … [Read more...]
Breach Of Insurance Contract And Bad Faith Claims Do Not Have To Be Brought In the Same Lawsuit . . . Sometimes
October 7, 2009 by
Often we see breach of insurance contract and bad faith claims included in the same complaint. However, have you ever wondered if the two causes of action must be brought together? The case of Pulley v. Preferred Risk Mut. Ins. Co., 111 Nev. 856, 897 P.2d 1101 (1995) tells us that that breach of contract and bad faith suits are distinct and can be brought either together or separately. In Pulley, the Plaintiffs filed their UM claims with the insurance carrier. They were unable to reach a … [Read more...]
