Nov 09, 2017
Pacific Clay Products makes concrete pipes. Pacific Clay Products telle its driver, Mr. Wambolt, to deliver a load of concrete pipes to Ace Plumbing & Heating in Las Vegas, Nevada. When Mr. Wambolt arrives in Las Vegas, he needs a forklift to unload the pipes. Lucky for Wambolt, Ace Plumbing & Heating has a forklift available. Ace rented it from A-1 Inland Rentals. Sadly for Wambolt,…Nov 06, 2017
On the morning of October 25, 2017 BLWM attorney Mike Mills and a dedicated group of volunteers descended upon the Nevada Partnership for Homeless Youth (NPHY) drop in shelter to lend a hand. The volunteers were in Las Vegas for the 25th annual seminar of the Transportation Industry Defense Association (TIDA). Whenever a TIDA conference comes to Las Vegas members choose a local non-profit…Sep 06, 2017
Aileen Cohen and Mike Mills of BLWM attended the Las Vegas Defense Lawyer’s Summer Event at TopGolf Las Vegas. Many of the judges and justices from across the state attended. The Event was successful in big part based because of the contributions of many great LVDL’s sponsors but also because of the all of the members who attended. If you have questions about defense, coverage or…Aug 02, 2017
In order to understand many of the laws surrounding commercial driving, you have to know the definition of a commercial motor vehicle. For example, a person cannot drive a commercial motor vehicle on the highways of Nevada unless that person has a commercial driver’s license. NRS 483.924. Do I need to hold a CDL to drive my pickup truck on the roads of Nevada?. In other words, is my pickup…Jul 25, 2017
BLWM is pleased to announce the opening of our PORTLAND Office located at: 650 NE Holladay StreetSuite 1600, #108Portland, Oregon 97232 Partner Christopher J. Brennan will be managing the Portland Office. Areas of practice at this location include Large Property Subrogation, Catastrophic Losses and Wildfire Subrogation, Insurance Defense, Insurance Coverage, and Trucking Litigation. With the…Jul 22, 2017
Once the duty to defend arises, the insurer's duty continues throughout the entire litigation. United Nat'l Ins. Co. v. Frontier Ins. Co., 120 Nev. 678, 687, 99 P.3d 1153, 1158 (Nev. 2004). The duty to defend continues until final resolution of the claim. Allstate Ins. Co. v. Miller, 125 Nev. 300, 309, 212 P.3d 318, 325 (2009). An insurance company may not terminate its duty to defend by depositing…Jul 06, 2017
In Nevada, if an insurance company breaches its duty to defend, it can expect to face a wide array of possible damages If the insured takes up its own defense, the insurer can expect to pay the reasonable costs incurred by the insurer in the defense of the underlying action. Jaynes Corp. v. Am. Safety Indem. Co., 925 F. Supp. 2d 1095, 1111 (D. Nev. 2012) vacated due to settlement, No. 2:10-CV-00764-MMD,…Jun 26, 2017
Nevada’s definition of “insurance fraud” is very broad. NRS 686A.2815. Some may think that it requires presenting papers or evidence to an insurer in order to commit fraud. However, those people would be incorrect. Fraud can include concealing information or omitting information material to an insurance matter. Id. at (1)-(3). A person who knowingly provides false or misleading information…Jun 19, 2017
We know that the duty to defend is broader than the duty to indemnify. Benchmark Ins. Co. v. Sparks, 254 P.3d 617, 620-21 (2011). We also know that once the duty to defend kicks in on one claim, the insurance company is obliged to defend the insured on all claims raised in the Complaint. Jaynes Corp. v. Am. Safety Indem. Co., 925 F. Supp. 2d 1095, 1103 (D. Nev., 2012) vacated due to settlement, No.…Jun 09, 2017
The Nevada Supreme Court has not decided whether an insurance company is obliged to defend when other insurers, who also owe a duty to defend the same insured, have already taken up the defense.. The cases of Commercial Standard Ins. Co. v. Tab Constr., Inc., 94 Nev. 536, 539, 583 P.2d 449, 451 (1978) and Zurich Am. Ins. Co., 720 F. Supp. 2d 1223, 1234 n. 11 (2010) remind us that where Nevada law…
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