Strategies, Challenges, and Answers

Nevada’s Absolute Liability Statute Does Not Create A Third-Party Bad Faith Claim.

We have previously written about Saundra Torres.  She was hurt when she was involved in an auto accident with a vehicle that was insured by Nevada Direct Insurance Company.She filed suit against Nevada Direct’s insureds Perez-Castellano and Mollinedo-Cruz.  For a time, Nevada Direct defended.  But after the insureds failed to cooperate, Nevada Direct withdrew its defense and filed a declaratory relief action.  In the declaratory relief action, Torres refused Nevada Direct’s offer to settle … [Read more...]

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...]

Sorry Insurance Adjusters. Only One Hat For You.

Problems arise when we try to wear two hats at the same time. Not only do the hats look silly, but neither one fits really well.The same rule is true as it applies to the insurance industry. Insurance professional are often prohibited from trying to do two jobs at the same time. For example, you wouldn’t want the person who is selling the insurance to make decision as to who is a qualified insured and how much the insured’s premiums will be. I am sure that you can imagine the conflicts that … [Read more...]

One, Two, Three, Four, I Declare A Thumb War

At the outset of many games, contests and activities, there is a ritual that the contestants follow that lets all participants know that the game has begun.  On your mark, get set, go!  Lights, camera, action!  Game on!  Litigation is no different.  The Rules of Civil Procedure dictate that the defendant must receive notice of the action via service of process before the lawsuit officially commences.  Rules 4 & 5, NRCP.Sometimes the Summons & Complaint are personally served to the … [Read more...]

An Auto Carrier Providing An SR-22 Certificate Must Give The DMV Ten Days Notice Before Cancelling

Nevada car owners know that before you can register an automobile in Nevada, the owner will have to prove to the Department of Motor Vehicles that the car is insured.  The owner usually satisfies this obligation by bringing a Proof of Insurance Card issued by a Nevada licensed insurance company to the DMV when it’s time to register the car.In addition, the Nevada DMV can require proof of auto insurance before reinstating the suspended or revoked license of a high risk driver.  See NRS … [Read more...]