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...]
U.S. District Court For Nevada Enforces Criminal And Intentional Acts Exclusion In Homeowner’s Policy
February 1, 2013 by
Mr. Nolte might not have anticipated the consequences of his action. He probably didn't intend to send Ms. Mucinski to the hospital But that is exactly where she ended up when he hit or pushed her causing her to fall and strike her head. She was rendered unconscious and suffered a hematoma, a fractured eye socket and a head contusion. Ultimately, Nolte plead guilty to "battery with substantial bodily injury." Ms. Mucinski filed a civil suit seeking damages in state court. Mr. Nolte's … [Read more...]
Parents Are statutorily Liable For Damages Willfully Caused By Their Minor Children Up To $10,000, But Are Those Damages Covered?
March 20, 2012 by
As a practice, when a minor causes damage or injury, the plaintiff will name as defendants both the minor and the parents. There are a variety of theories under which the parents can be held liable for the minor’s acts. See HERE for example. If the minor’s acts appear to have been intentional, one of theory of recovery is a Nevada statute. N.R.S. 41.470 imposes limited vicarious liability on parents whose minor children willfully cause damage to others. The statute reads: NRS … [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...]
Is An Intentional Acts Exclusion Ambiguous And Unenforceable Against A Co-Insured For Allegations Of Failure To Supervise The Intentional Actor?
April 7, 2011 by
As reported HERE, the Nevada Supreme Court concluded in the case of Fire Ins. Exch. v. Cornell, 120 Nev. 303, 90 P.3d 978 (2004), that a homeowner’s carrier had no duty to defend or indemnify the parents of an adult child who committed statutory sexual seduction against allegations that the parents negligently supervised the adult son. In that case, the policy did not just exclude coverage for the intentional actor. The policy language was broader. The policy said that that there would be no … [Read more...]
