DRI has honored Mike Mills by selecting him to contribute to its 2016 Duty to Defend Compendium. DRI turns to it most respected members from across the country to author state-specific sections to all of its Compendia. Mike Mills was selected to author the Nevada section of the 2016 Duty to Defend Compendium.A full copy the Compendium can be ordered from DRI at Duty to Defend Compendium .Feel free to preview the Compendium by CLICKING HERE. All DRI Compendia can be purchased through the DRI … [Read more...]
U.S. District Court For Nevada Refuses To Dismiss Extra-Contractual Claims Even Though It Finds There Is No Coverage
February 18, 2013 by
Mr. Turk was a builder. His companies and others built the Rancho del Norte Villas. The construction was supposed to comply with the Fair Housing Act. It didn’t. The Disabled Rights Action Coalition sued Turk and a number of others for the alleged violations.Turk turned to several insurance policies that he thought should cover him. After various attempts to get a response, he filed for declaratory relief. Ultimately, the court determined that there was no coverage under any of the … [Read more...]
An Auto Policy Will Cover The Insured When Driving Someone Else’s Car Unless That Car Is Available For The Insured’s “Regular Use”. Whether The Car Is Available For The Insured’s Regular Use Is Normally A Question Of Fact. But. . .
January 6, 2012 by
. . . EVEN THE SLIGHTEST RESTRICTION TO THE LIMITATION OF USE WILL GIVE RISE TO A DUTY TO DEFENDMost auto policies provide an insured person coverage when driving another person's vehicle with that person’s permission. There is however an exception to that rule. The exception is that the "non owned" vehicle must not be "available or furnished for the regular use" of the insured person. There have been two Nevada cases that have considered this issue. Let’s explore both.The earlier … [Read more...]
If A Cause Of Action Is Not Specifically Excluded By The Policy, You May Have To Look To The Pleadings And The Alleged There To Decide If Coverage Extends To Those Actions
December 28, 2011 by
In the case of Versatility, Inc. v. Capitol Indemnity. Corp., 2:10-CV-1942 JCM (PAL) slip op. (D. Nev. 2011) the U.S. District Court for Nevada explained that if injuries alleged in an underlying complaint arise from an excluded event, that failure to prevent the injury due to alleged negligent hiring or supervision are not covered either.Versatility was a drinking establishment. One of its patrons claimed that an employee assaulted him on the premises. The patron sued Versatility alleging … [Read more...]
When Must Insurance Companies Involve The Insured In Settlement Negotiation?
January 12, 2011 by
Most insurance contracts provide insurance companies with the right to negotiate and settle disputed liability claims. In most cases, negotiations and settlements happen without the involvement of the insured. Many times, a single initial contact with the insured may be all that is needed by the insurance company to open, process and settle a claim. In fact, it is my guess that in most cases, the insured is only a peripheral part of any settlement. However, there are circumstances when the … [Read more...]
