Evidence that an insurance company acted in bad faith in handling a specific claim may come from a variety of sources. Plaintiff’s attorneys may argue that the way the insurance company handled other claims is evidence that it acted in bad faith in the subject case. Those attorneys may point to other bad faith suits or verdicts against the company as evidence of bad faith in the way it handled this claim. Can such evidence be discovered? Is it admissible? The Nevada Supreme Court has not spoken … [Read more...]
Can Plaintiff Discover An Insurance Company’s Involvement In A Prior Bad Faith Suit?
December 1, 2011 by
LexisNexis Names Nevada Insurance Law As A Top Insurance Law Blog For 2011
November 21, 2011 by
The Advisory Board of the LexisNexis Insurance Law Community has selected Mills & Associates' Nevada Insurance Law as one of the nation’s Top Insurance Law Blogs for 2011. The Advisory Board described what it saw in the winning blogs. The Top Blogs contain some of the best writing out there on insurance law. They contain a wealth of information for the insurance law community with timely news items, practical information, expert analysis, practice tips, frequent postings, and helpful … [Read more...]
Are Motions In Limine Even Worth The Trouble?
November 10, 2011 by
Trying a case is an expensive proposition. The attorneys need to prepare the evidence, the arguments and the examinations. Clients see any opportunity to economize on the trial prep side as a positive. In the past, attorneys have made it a practice to file pre-trial motions in limine. Motions in limine are heard with the hope that the judge will make early evidentiary rulings and thereby speed up the trial. However, the Nevada Supreme Court case of BMW v. Roth, 127 Nev. Adv. Op. 11 (2011) … [Read more...]
You Need To Get The PD Claimant To Release Your Insured Even Though The Claimant’s Carrier Paid Him Collision Loss Benefits
October 27, 2011 by
Can an insured, who has been compensated by his own auto insurance company for a theft loss, still bring an action against the alleged tortfeasor? Does Nevada’s Hotel “Shield” Law, NRS 651.010 (1), protect a hotel for the loss of a car from the valet lot? Both questions are answered in Arguello v. Sunset Station, Inc., 127 Nev. Adv. Op. 29 (2011). In that case, plaintiff left his vehicle with the valet at the Sunset Station Hotel & Casino. When he returned and presented his claim ticket … [Read more...]
A Nevada Court Can Judicially Assign A Judgment Debtor’s Bad Faith Rights Against His Insurance Carrier To The Plaintiff Via Post Judgment Execution
September 28, 2011 by
The recent opinion of Gallegos v. Malco Enterprises of Nevada, dba Budget Rent A Car, 127 Nev. Adv. Op. 51, 255 P.3d 1287 (2011) may be the most significant bad faith case issued by the Nevada Supreme Court in a decade. To understand the case, you’ve got to know the facts.The driver of a Budget rental car injured Gallegos. Gallegos sued the driver who subsequently defaulted. The District Court entered a default judgment in favor of Gallegos for $400,000.00.Gallegos unsuccessfully … [Read more...]
