Strategies, Challenges, and Answers

Did You Ever Forget To Tell Your Current Insurance Company About Buying That Additional Car?

Joey Webb of State Farm writes to the Nevada Insurance Law blogs asking: "When a person purchases a new vehicle, how long are they covered for on their current policy before physically adding the new vehicle to their policy?" Thanks for the great question Joey.  Clearly, Mills & Associates is not in the business of offering advice to non-clients based on specific facts.  So we have to say that the most accurate answer is “That depends on the facts and the policy.”  When dealing with a … [Read more...]

Ambiguous Additional Named Insured Endorsement Causes Employers Liability Carrier To Pay Bodily Injury Damages To Employee

Clark Lift West, Inc. employed Mr. Pierce.  One of Clark Lift’s clients was Southern Wine & Spirits.  While servicing a Southern Wine and Spirits conveyor belt, Pierce slipped on a piece of cardboard that was lying on the floor at the Southern Wine plant.  Pierce fell onto the conveyor belt and was hurt.Pierce sued Southern Wine for negligently allowing the cardboard to be on the floor.  Southern Wine’s liability had liability coverage issued by Federal Insurance Company.  Clark Lift had … [Read more...]

Nevada Adopts The Doctrine Of Efficient Proximate Cause Denies Coverage Nevertheless Finding The Doctrine Inapplicable

Fourth St. Place hired Roofing contractors to replace the roof on its building. The contractors removed the old roofing and planned to return the next week to complete the job.  That is when the rain started.  The roofers came back and laid out tarps.  However, some damage had already been done.   To make matters worse, the tarps blew away resulting in more damage.  Travelers denied the claim.  A declaratory relief action ensued.  The trial court granted the Plaintiff’s Motion for Summary … [Read more...]

An Auto Policy Will Cover The Insured When Driving Someone Else’s Car Unless That Car Is Available For The Insured’s “Regular Use”. Whether The Car Is Available For The Insured’s Regular Use Is Normally A Question Of Fact. But. . .

. . . EVEN THE SLIGHTEST RESTRICTION TO THE LIMITATION OF USE WILL GIVE RISE TO A DUTY TO DEFENDMost auto policies provide an insured person coverage when driving another person's vehicle with that person’s permission.  There is however an exception to that rule.  The exception is that the "non owned" vehicle must not be "available or furnished for the regular use" of the insured person.  There have been two Nevada cases that have considered this issue.  Let’s explore both.The earlier … [Read more...]

An Insured Cannot Recover UM And UIM Benefits From The Same Policy

In the case of Hall v. Farmers Ins. Exch., 105 Nev. 19, 768 P.2d 844 (1989) the Nevada Supreme Court considered the question of whether a claimant could recover both uninsured (UM) and underinsured (UIM) benefits from the same policy.  Ruby Hall was walking along minding her own business when two negligent drivers collided.  The cars struck Ruby causing her injury.  One of the drivers was uninsured and the other was underinsured.Ruby's father had foresight to buy an insurance policy that … [Read more...]