Strategies, Challenges, and Answers

Under Nevada’s Wrongful Death Statute Where There Is Only One Decedent, There Is Only One “Each Person” Limit Available

Under Nevada’s Wrongful Death Statute, N.R.S. 41.085, the estate and multiple heirs can each make their own individual claims for damages.  (If you are not familiar with the Wrongful Death details, please click the following link to the relevant Mills & Associates Nevada Insurance Law blog post: Wrongful Death In Nevada).  Still there is the related coverage question of what portion of an applicable automobile policy limit is available to pay all these different Wrongful Death claimants.  … [Read more...]

How Much Information Does a “Claims-Made” Carrier Need to Receive During the Policy Period to Trigger Coverage?

The dentist had a lot of explaining to do.  The authorities had arrested him for drug trafficking and had charged him with distribution of cocaine.  The dental board had received complaints that he was using cocaine and was giving it to his patients.  The board even suspended his license.His malpractice insurance company was aware of all of these allegations of malfeasance during the coverage period of his “claims-made-and-reported” policy.  The one thing that the insurance company did not … [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...]

A Definition Of Accident

In virtually all liability policies, there must be an “occurrence” before there is coverage.  Many policies define an “occurrence” as an “accident”.  In other words, where there is no “accident”, there is no homeowner’s liability coverage.  But what if your policy does not define the term accident?  Perhaps you can do what the Nevada Supreme Court did in the case of Fire Ins. Exch. v. Cornell, 120 Nev. 303,  90 P.3d 978 (2004), namely, look in the dictionary.In that case, the Nevada Supreme … [Read more...]