In the case of Bish v. Guaranty Nat’l Ins. Co., 109 Nev. 133; 848 P.2d 1057; 1993 Nev. LEXIS 26, the Nevada Supreme Court examined the question of what is an “occurrence”. The facts are these. Four-year-old Christina Rose was playing on the sidewalk near the driveway of the neighbor, Ms. Alderson. At that moment, Ms. Alderson chose to back her vehicle out of the drive. Ms. Alderson accidently backed over the child. A neighbor saw the accident and screamed. Ms. Alderson put her vehicle … [Read more...]
No Duty To Defend Or Indemnify Intentional Acts
June 23, 2023 by
Sergio Mitchell worked at a local elementary school as a janitor. One of the students kicked Mr. Mitchell’s mop bucket, breaking it. When Mr. Mitchell got after the student, the student started cursing him out. Mr. Mitchell grabbed the student by the neck. The student said that Mr. Mitchell was choking him. The School District Police intervened. Ultimately, the student’s parent filed suit in the Eighth Judicial District Court. Hohman v. Clark County School District and Mitchell, Case … [Read more...]
The Immense Sacrifice Of Our Fallen Heroes Must Always Be Remembered . . .
May 23, 2023 by
“Was it worth it?”This is a question, sometimes politically-loaded, that is often asked of family members and war buddies of our Fallen Heroes.Marine Corps General John Kelly recently offered a unique perspective. A veteran of Iraq and Afghanistan himself, General Kelly lost his youngest son, First Lieutenant Robert Kelly, while conducting combat operations in Helmand Province in 2010.General Kelly was asked if the loss was worth it by a reporter with National Public Radio. He said, … [Read more...]
Nevada’s Absolute Liability Statute Does Not Create A Third-Party Bad Faith Claim.
March 7, 2018 by
We have previously written about Saundra Torres. She was hurt when she was involved in an auto accident with a vehicle that was insured by Nevada Direct Insurance Company.She filed suit against Nevada Direct’s insureds Perez-Castellano and Mollinedo-Cruz. For a time, Nevada Direct defended. But after the insureds failed to cooperate, Nevada Direct withdrew its defense and filed a declaratory relief action. In the declaratory relief action, Torres refused Nevada Direct’s offer to settle … [Read more...]
Nevada Supreme Court Enforces Employee Exclusion
November 9, 2017 by
Pacific Clay Products makes concrete pipes. Pacific Clay Products tells its driver, Mr. Wambolt, to deliver a load of concrete pipes to Ace Plumbing & Heating in Las Vegas, Nevada.When Mr. Wambolt arrives in Las Vegas, he needs a forklift to unload the pipes. Lucky for Wambolt, Ace Plumbing & Heating has a forklift available. Ace rented it from A-1 Inland Rentals. Sadly for Wambolt, the forklift is defective. The forklift seat is broken causing Wamblot injury. Wambolt sues A-1 … [Read more...]
