Insurance carriers want the earliest possible notice of any claim. Investigation of the claim will be most effectively done while memories are fresh and evidence is available. In addition, an insurance company must financially account and plan for its expected losses by setting proper financial reserves. So it is no wonder that virtually all insurance policies include provisions that obligate the insured to place the carrier on notice of a loss as soon as practicable. But what happens when … [Read more...]
Responding To The Anticipated Fallout Of The Haygood And Howell Opinions
December 20, 2011 by
No one is surprised when people who are hurt in accidents go to the doctor’s office for care. In the past, many went to doctors who provided them care through their group health insurance programs. These group healthcare providers usually have pre-negotiated reimbursement agreements with the group health insurance carriers. Those insurance carriers pay the providers a sum certain for each service provided. The pre-negotiated reimbursement agreements normally prevent the doctors from charging … [Read more...]
Can Plaintiff Discover An Insurance Company’s Involvement In A Prior Bad Faith Suit?
December 1, 2011 by
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...]
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...]
