Strategies, Challenges, and Answers

Even Though An Employee Is A Supervisor, If Not A “Managing Agent”, Employer Not Liable For Punitive Damages For Employee’s Acts

A night of fun at the Gold Coast Hotel and Casino turned into a nightmare for Dedric Holman and Christina Edwards. The two were enjoying some gambling in the pre-dawn hours of February 19, 1994. Dedric was sitting at a blackjack table when Christina wandered off to try her luck elsewhere.Christina happened to look much younger than her age, a fact that prompted a casino employee to ask for her identification. Perhaps feeling a bit flustered, Christina explained that she had forgotten it at … [Read more...]

Adjusting Claims Involving Intoxicated Insureds Can Be Complicated

In Nevada, there’s alcohol everywhere.  Or so that is what many visitors believe as they find themselves partaking in “just one more” at every stop of their visit.  Even some locals live up to the outsider’s stereotypical view of a Las Vegas resident by overdoing it a bit too often.However, like every other state, Nevada has strict laws against driving while intoxicated.  Seasoned adjusters know the many complications that can arise when dealing with a claim involving an intoxicated … [Read more...]

By Paying The Undisputed Amount, Can An Insurance Carrier Conquer A Claim For Punitive Damages?

In a recent Order entered in the case of Nelson v. Safeco Ins. Co. of Ill., 2:10-CV-241 JCM (LRL) (Mar. 8, 2011) the U.S. District Court for the District of Nevada considered a motion for summary judgment filed by the insurer.  That case involved an underinsured motorist claim (UIM).  The liability carrier had paid its limit.  Safeco, the UIM carrier, then conceded coverage, evaluated the claim and paid the undisputed amount.  When plaintiff filed suit, he alleged three causes of action breach … [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...]

Halfway Tort Reform

Nevada’s scheme for punitive damages was the target of tort reform proponents in 1995.  The reformers were able to make some headway relative to limiting punitive damages.  However, N.R.S. 42.005 creates huge exceptions to these limits in many areas that have proved so lucrative to the Plaintiffs’ bar.Under the revisions to the punitive damages law, conventional punitive damages awards are limited to three times the amount of the compensatory damages where compensatory damages exceed … [Read more...]