Does anyone else have a favorite Rule of Civil Procedure? I do. It is Rule 1, particularly the last sentence which says that the Rules of Civil Procedure “should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding.”I find myself turning to this rule more and more as I prepare papers for the court. No doubt that the Courts are dedicated to these three principles. As to the … [Read more...]
What Happens If You Split Causes of Action?
May 5, 2023 by
Nevada follows the rule that a Plaintiff may not file two separate suits arising from the same set of facts. The consequence of trying to split causes of action is that if requirements of the rule are satisfied, the second suit will be dismissed. The Nevada Supreme Court said: As a general proposition, a single cause of action may not be split and separate actions maintained. Reno Club v. Harrah Et Al., 70 Nev. 125, 260 P.2d 304 (1953). The wrongful act of the defendant creates the … [Read more...]
Mixed Claims? Defend as to One, Defend as to All
May 3, 2023 by
Mr. Alm bought his Homeowner’s Policy from Hartford Fire Ins. Co. He got sued for bodily injuries. The First Cause of Action of the Complaint alleged that the injury happened because of Mr. Alm’s negligence. But the Second Cause of Action alleged that the injury was a result of a violent and intentional assault on the part of Mr. Alm.Mr. Alm presented the suit to Hartford. Hartford admitted that it has insured Mr. Alm but it refused to defend him. The argument was that the claim for … [Read more...]
Nevada Court Finds That The Graves Amendment Preempts NRS 482.305.
April 24, 2023 by
The Nevada Law Blogs have written a lot about Rental Car Liability and the Graves Amendment. Those posts need an update as a result of the Findings of Fact, Conclusions of Law and Judgment entered in Avalos v. Estate of Cunningham et al, Eighth Jud. Dist. Ct. Case No. A-22-862769-C (Apr. 14, 2023). The Avalos case involves a woman who rented a vehicle from Budget Car and Truck Rental of Las Vegas. While driving the rented car, the renter was involved in a parking lot accident. Avalos … [Read more...]
Excess Policy vs. Umbrella Policy: What Is The Difference?
April 20, 2023 by
Often the terms Umbrella Insurance and Excess Insurance are used interchangeably. Is there a difference? What is it?Let’s start with primary insurance. Primary insurance is the first layer of insurance. Primary insurance provides immediate coverage upon an occurrence or a loss as described by the policy. Fireman's Fund Ins. Co. v. Md. Cas. Co., 65 Cal. App. 4th 1279, 1304, 77 Cal. Rptr. 2d 296, 311 (1998). Primary insurers generally have the primary duty of defense. Olympic Ins. … [Read more...]
