Strategies, Challenges, and Answers

When An Accident Happens Out Of The State, Which State’s Law Governs?

Which State Governs?

Tourists love Las Vegas!!!  Many tourists come here to see the hotels, the casinos and the shows.  But after a while the hotels, casinos and shows all start to look alike.  So tourists are known to rent cars and go wandering the Wild West to take in … [Continue reading]

Can An Injured Plaintiff Sue A Nevada Rental Car Company Along With The Negligent Rental Driver?

Nevada Car Rental Agreement

A tourist arrives at Las Vegas’ McCarran Airport and rents a car.  On the way to the hotel, the tourist causes an accident and injures a local driver.  The injured driver sues naming both the renter and the rental car company as defendants.  Is this … [Continue reading]

Insured Claimants Have A Private Right Of Action Against An Individual Nevada Licensed Independent Adjuster For A Violation Of The Nevada Unfair Claims Settlement Practices Act

Nevada's Unfair Claims Practices Act

Nevada's Unfair Claims Practices Act (NRS 686A.310(2)) creates a private right of action against an "insurer" for violations of the act.  Adjusters might believe that when Plaintiffs allege Unfair Claims Practice that they can point to the "insurer" … [Continue reading]

Nevada Follows Bad Faith Standard Enunciated In Anderson v. Continental Ins. Co.

Nevada Bad Faith Standards

Primarily, courts across the nation have applied two different standards to determine whether an insurance company has acted in bad faith. First is the standard set by the California Supreme Court case of Gruenberg v. Aetna Ins. Co., 9 Cal 3d 566, … [Continue reading]

The Nevada Supreme Courth Finds An Earth Movement Exclusion To Be Ambiguous And Unenforceable

Earth Movement

In the 2011 case of Powell v. Liberty Mutual Fire Ins. Co., 127 Nev. Adv. Op 14, 252 P.3d 668 (2011) the Nevada Supreme Court struck down the insurance company’s “earth movement” exclusion as ambiguous and unenforceable. In light of an earlier … [Continue reading]