Strategies, Challenges, and Answers

An Auto Insurance Company Cannot Avoid Paying Up To The Minimum Liability Limits Even If The Defendants Fail To Cooperate

Saundra Torres was hurt when the car she was driving was hit by a car driven by Jario Perez-Castellano and owned by Adiel Mollinedo-Cruz.  The Mollinedo-Cruz vehicle was insured by Nevada Direct Insurance Company.After Answering the Complaint, Perez-Castellano and Mollinedo-Cruz ceased their participation in the litigation.Nevada Direct Insurance Company filed a Declaratory Relief Action against Perez-Castellano, Mollinedo-Cruz and Torres.  Nevada Direct hoped to avoid any further duty … [Read more...]

Improper Cancellation or Non-Renewal Can Be A Breach Of Contract And An Unfair Insurance Claims Settlement Practice

In 1989, the Reinkemeyers insured their home with Safeco.  Between 1989 and 1993, they submitted three homeowner’s insurance claims, none of which were their fault.  In 1994, Safeco told the Reikemeyers that it would not renew their policy.The Reinkemeyers sued alleging that Safeco had violated the provisions of NRS 687B.310 - .420.  In particular, they pointed to NRS 687B.385 which currently provides: NRS 687B.385 Cancellation, nonrenewal or increase in premium due to claims for which … [Read more...]

Does Nevada Follow The Made-Whole Doctrine In The Context of Auto Coverage?

A local insurance adjuster asks whether the “made-whole” doctrine applies in Nevada in the auto subrogation context.  This is one more great question the that is addressed by the Nevada Law Blogs.  However, as you will see, the answer is tremendously confusing. In 2005, the Nevada Supreme Court enthusiastically embraced the concept of the made-whole doctrine.  The case of Canfora v. Coast Hotels & Casinos, Inc., 121 Nev. 771, 121 P.3d 599 (2005) was a fight as to how much the Plaintiff’s … [Read more...]

Dr. Martin Luther King Jr. Had a Dream . . .

As our nation celebrates Martin Luther King’s birthday, let us reflect on a few of his words."I say to you today, my friends, so even though we face the difficulties of today and tomorrow, I still have a dream. It is a dream deeply rooted in the American dream.I have a dream that one day this nation will rise up and live out the true meaning of its creed: 'We hold these truths to be self-evident: that all men are created equal.'I have a dream that one day on the red hills of Georgia … [Read more...]

Vote Yes On Question 1 Creating A New Nevada Appellate Court

Question One on the November 2014 Nevada ballot seeks to establish a three-judge appellate court in Nevada. The Nevada Law Blogs support the creation of this new court.According to the Nevada State Bar, the Court of Appeals would consist of three judges, The Ballot Question Explanation provides that the Governor would appoint the initial three judges from nominees provided by the Commission on Judicial Selection. The initial three judges would be appointed to two-year terms. Thereafter, … [Read more...]