Strategies, Challenges, and Answers

When Must Insurance Companies Involve The Insured In Settlement Negotiation?

Most insurance contracts provide insurance companies with the right to negotiate and settle disputed liability claims.  In most cases, negotiations and settlements happen without the involvement of the insured.  Many times, a single initial contact with the insured may be all that is needed by the insurance company to open, process and settle a claim.  In fact, it is my guess that in most cases, the insured is only a peripheral part of any settlement.  However, there are circumstances when the … [Read more...]

Straight From The Annals Of “Only In Vegas”

In the last few years, the Las Vegas Convention and Visitor’s authority has run a promotion that claims that what happens in Vegas stays in Vegas.  When they wrote that line, I guess the Convention Authority forgot the events of 20 years ago at the “Tailhook Convention”.  Not only did the shenanigans (and worse) that transpired at that event get huge airplay and result in significant political fallout, it also generated legal opinions. For those of you who are too old or too young to … [Read more...]

A Collision At the Crossroads (Part 2): The Road Of Restitution

This is Part 2 of a multi-part post comparing and contrasting Criminal Judgments of Restitution and Civil Judgments for Damages.  In Part 1, linked HERE, we outlined the topic and discussed the types of cases in which both types of awards might be received. In Part 2 we will focus primarily on the statutory basis for Criminal Judgments of Restitution and discuss how they may affect later civil cases. There are two instances when the Nevada legislature has empowered criminal courts to enter … [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...]

Mills & Associates Accepts Invitation To Join Council On Litigation Management

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...]