Strategies, Challenges, and Answers

You Need To Get The PD Claimant To Release Your Insured Even Though The Claimant’s Carrier Paid Him Collision Loss Benefits

Can an insured, who has been compensated by his own auto insurance company for a theft loss, still bring an action against the alleged tortfeasor?  Does Nevada’s Hotel “Shield” Law, NRS 651.010 (1), protect a hotel for the loss of a car from the valet lot?  Both questions are answered in Arguello v. Sunset Station, Inc., 127 Nev. Adv. Op. 29 (2011).  In that case, plaintiff left his vehicle with the valet at the Sunset Station Hotel & Casino.  When he returned and presented his claim ticket … [Read more...]

Inadequate Limits? What Not To Do. . .

Insurance companies regularly ask Mills & Associates for advice on how to handle claims where policy limits are inadequate, either because the injuries are severe or because there’s just not enough money to satisfy the multiple claimants.  The case of Benchmark v. Sparks, 127 Nev. Adv. Op. 33, 254 P.3d 617 (2011) all but does away with one option that has been popular with the insurance companies, that of interpleader.The court explained that the Benchmark policy included a provision … [Read more...]