Mills & Associates is proud to announce that it has accepted the nomination to join the Council on Litigation Management. For those unfamiliar with the organization, CLM is dedicated to improving the principles and practices of litigation management. Members and Fellows of the Council include representatives of the insurance industry as well as nominated attorneys . Some of the areas of interest of the organization include Alternative Dispute Resolution, Commercial Litigation, … [Read more...]
A Collision At The Crossroads Of Criminal And Civil Law: Criminal Judgments Of Restitution
August 31, 2010 by
The aftermath of a collision between two cars at an intersection can be horrifying. However, determining exactly what led to the collision can be complicated. The law is no different. When two laws, meant to remedy the same wrong, arrive at the same intersecting spot simultaneously, conflicts are inevitable. Finding the right legal solution to the conflicts can often prove difficult. One of those troublesome legal intersections is found at the crossroads of civil law and criminal law. … [Read more...]
Got Questions?
August 17, 2010 by
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...]
Nevada Supreme Court Reaffirms Limits On Emotional Distress Claims
June 9, 2010 by
A common motivator of many bad faith plaintiffs is anger. The insured's feelings are hurt because he or she feels that the claim was improperly handled. Usually that anger translates into a cause of action for emotional distress. The Nevada Supreme Court reaffirmed its position regarding the level of proof necessary to successfully prosecute an emotional distress claim in the recent case of Betsinger v. D.R. Horton, 126 Nev. Adv. Op. 17, 232 P.3d 433, (May 27, 2010). In that case, the … [Read more...]
Caution: Watch Your “Step-Down”
February 25, 2010 by
“Step-Down” provisions in insurance policies are becoming more and more common. When I speak about a “Step-Down” provision, I am talking about policy language that purports to reduce a higher policy limit to the amount of the Financial Responsibility limit allowed by state law. From an underwriting standpoint, “Step-Down” provisions make sense. Let’s say a carrier wants to “Step-Down” the liability coverage for drivers who are permitted users of the vehicle but are not rated drivers on the … [Read more...]
