Strategies, Challenges, and Answers

As Between Intentional And Negligent Joint Tortfeasors, The Negligent Tortfeasor Is Severally Liable While The Intentional Tortfeasor Is Liable Both Jointly And Severally.

According to its web site, CAFE MODA is the “Hottest Local Filipino Spot In Las Vegas”.  A few years back, things got hotter than expected when Palma and Richards got into a fight while on the cafe’s premises.  Richards stabbed Palma.  Palma sued Richards and Cafe Moda.  At the civil trial, the jury found both Richards and the cafe liable for Palma’s injuries, Palma for the intentional tort of assault and the cafe for negligence.  The jury apportioned damages at 80% to Richards and 20% to Cafe … [Read more...]

Salas v. Allstate Rent-A-Car: Rental Car Companies May Need To Provide A Second Layer Of Auto Insurance Coverage

Every motor vehicle registered in Nevada must have a minimum level of liability insurance, namely, $15,000 per person, $30,000 per occurrence and $10,000 for property damage. N.R.S. § 485.185.  The Nevada Financial Responsibility law is meant to insure that individuals who are injured in motor vehicle accidents have a source of indemnification. Hartz v. Mitchell, 107 Nev. 893, 896, 822 P.2d 667, 669 (1991).  The opinion of Alamo Rent-A-Car v. State Farm, 114 Nev. 154, 953 P2d 1074 (1998), which … [Read more...]

Got Questions?

These posts on the Mills & Associates Nevada Coverage & Bad Faith Law blog are published to provide useful insights on Nevada insurance law to our clients and other subscribers. Many times the topics are suggested by recent case law, or issues raised by litigation. As part of our ongoing effort to provide both timely and helpful information, we invite all our readers to submit issues which they would like to see addressed in future blog posts. Likewise, please submit questions … [Read more...]

Even Where the Policy Language Conflicts, The Renter’s Personal Auto Policy Is Primary To The Rent-A-Car’s Financial Responsibility Coverage

The case of Alamo Rent-A-Car v. State Farm, 114 Nev. 154, 953 P.2d 1074 (1998) was a high-stakes showdown between a rental car company and two personal auto insurance companies, State Farm and Valley Forge.  As you know, Nevada law requires that a rental car company must provide proof of financial responsibility on every car that the company puts on the road.  NRS 482.295.  And in this case, each driver had his or her own personal auto coverage.  The dispute that the court was asked to resolve … [Read more...]