Strategies, Challenges, and Answers

Is The Company Playing Favorites?

Avoid the Allegation That You Have Protected One Insured to the Detriment of AnotherEvery day, insurance adjusters see claims where the insured has not purchased enough liability insurance to cover the loss. In many instances, the injured party will accept payment of the policy limit and release the claim, even though he has not been fully compensated. There are other times where the plaintiff won’t accept the policy limit and will try to recover the excess value of the claim by filing suit … [Read more...]

Is Clark County A Summary Judgment Black Hole?

“Should We Even Try?” Countless times during my first meeting with the client, I have heard recitations about how unfair it is that the client has to defend against facially unsupportable allegations.  “Can’t you just file a Motion and get us out of this case?” they ask.  My answer has always been “If only it were that easy!”When giving that answer, I wasn’t being insensitive.  I was just passing on to the client what I had learned by experience; in Nevada State District Courts the … [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...]

Remedies For An Automobile Insurance Company’s Breach Of Nevada’s “Promt Pay” Statute Are Administrative, Not Judical

Under Nevada law, insurance companies have an obligation to pay claims promptly.  See N.R.S. 690B.012.  But what is the remedy if the insurance companies don’t pay on time?  In the case of Allstate Ins. Co. v. Thorpe, 123 Nev. 656. 170 P.3d 989 (2007), a doctor and a chiropractor sued the insurance company in court and learned that their complaints of delays cannot go directly to a judge.  They must be administratively handled instead. In that case the doctor and a chiropractor apparently … [Read more...]