Eric and Erwin Lopez were hurt when a negligent and underinsured driver hit their car. They sued the driver. As discovery progressed, Eric and Erwin convinced the driver to settle. However, they would not give the negligent driver a release. Instead, they offered the driver a Covenant Not to Execute against him in excess of his bodily injury liability limits. The negligent and underinsured driver accepted. The bodily injury liability limits were paid and the Covenant provided. However, … [Read more...]
When Is It Too Late For A UM/UIM Carrier To Intervene In The Underlying Litigation?
October 15, 2016 by
What do Mike Mills, Reese’s Peanut Butter Cups and Independent Counsel Have in Common?
May 9, 2016 by
As reported a few weeks ago, your favorite Nevada Insurance, Coverage and Trucking law blogger, Mike Mills of Bauman, Lowe, Witt and Maxwell was asked to present at the annual Defense Research Institute (DRI) annual Insurance Claims and Coverage Institute conference. The conference convened in Chicago in April.Mike presented “Evolution of Independent Counsel: The Nevada Experience” to almost 500 DRI members and attendees including defense & coverage counsel and insurance claims … [Read more...]
Eat Lunch with the Judges and Improve Your Practice
May 5, 2016 by
Who says that there is no free lunch? On the second Tuesday of every month in Courtroom 15D or 15B at 12:05 PM, lunch is free and the conversation is lively at the Civil Bench Bar meetings. The Nevada office of Bauman Loewe Witt & Maxwell had the pleasure of sponsoring April’s Civil Bench Bar luncheon allowing attorney Aileen Cohen to speak with the attendees about our firms practice areas and services, including the Trucking, Insurance and Coverage and Bad Faith law blogs.But food and … [Read more...]
Once An Insured Proves Coverage, The Burden Shifts To the Insurer To Prove An Exception Or Exclusion
February 23, 2016 by
In Nevada Insurance Coverage lore, Victor Havas is legend.Cases involving Mr. Havas answer so many insurance coverage questions. What duty does an insurance agent owe to a customer? Havas v. Carter, 515 P.2d 397, 89 Nev. 497 (1973). For more information, see here. When is replacement value the appropriate measure of damages rather than actual case value? Havas v. Atlantic Ins. Co., 95 Nev. 415, 596 P.2d, 246 (1979). here. How can an insurance company avoid a waiver when it investigates a … [Read more...]
Accepting A Release Signed By The Attorney And Not The Claimant Presents Risks
December 29, 2015 by
The world is always in motion. And so are the people who inhabit it. Any more, people change homes and cars and jobs as often as they change their shirts. Plaintiffs’ attorneys occasionally encounter the problem of a lost client. They often learn that the client is missing when the insurance company extends an offer to settle. After the offer comes in, the Plaintiff’s attorney reaches out to the client to discuss the offer. It is then that the injured claimant cannot be found. … [Read more...]
