Bobtail Insurer Did Not Wait Too Long To Disclaim Coverage

Jul 10, 2019

  In a POST earlier this year, we recited the general rule that when a truck is pulling a load for a motor carrier, the motor carrier’s policy is responsible to provide insurance.  The inverse of that general rule is that when the truck is not in the business of a motor carrier, normally the non-trucking (otherwise known as bobtail insurance) is the responsible insurance carrier.   The case…

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An Auto Insurance Company’s Refusal To Pay Claim, Standing Alone, Is Not Bad Faith

Jun 10, 2019

Ashley Aiello filed suit against her auto carrier Geico General Insurance Company.  She alleged that she was hurt when an unidentified driver struck her car and fled the scene.   She said that she filed an uninsured motorist claim with Geico.  She filed suit when as she alleged Geico refused to pay her UM benefits.  Aiello’s suit included causes of action for breach of contract and bad faith.   In Aiello…

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Nevada Allows Recovery For Prenatal Injuries

Apr 16, 2019

Dorothy White was hurt when the car in which she was riding was hit by a car driven by Henry Rup.  Not only was Ms. White injured but so was her unborn child.  In fact, the injuries were so serious that they caused the child’s death.   Ms. White sued to recover not just for her injuries but also for the wrongful death of her unborn child.  The trial court rejected Ms. White’s claims.  The…

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Property Damage Alone Is Not Enough To Give Rise To A Claim For Emotional Distress

Apr 12, 2019

Ms. Clough was drag racing when her car left the roadway and crashed into the front of the Smith’s house.    The Smiths were at home but were in the back yard when they heard the crash.  They went around to the front and found the Clough car lodged in their home and Ms. Clough dead on their walkway.    The trial court rejected the Smith’s claim for negligent infliction of emotional distress. …

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BLWM Welcomes Two New Associates

Apr 02, 2018

BLWM is pleased to announce the addition of Paul T. Landis and Lubko Berezowsky to our Scottsdale office.  Paul recently moved back to Arizona after spending 5 years practicing in Seattle, WA.  Lubko was previously with a civil litigation firm in Phoenix.  Both attorneys will focus their practices on large loss subrogation and civil litigation matters.  

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BLWM Welcomes Senior Litigator Frank Jancarole

Jan 12, 2018

Frank Jancarole has over 25 years of experience litigating and handling all types of civil and commercial litigation, subrogation and insurance defense matters in Arizona and California. Frank’s areas of practice involve civil and commercial litigation, contract disputes, large loss property and casualty claims, product liability, trucking and cargo claims, marine vessel claims, med-pay liens, health…

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Nevada Supreme Court Enforces Employee Exclusion

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,…

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TIDA Volunteers Assist NPHY

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…

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BLWM attends LVDL Summer Event at TopGolf Las Vegas. What Is A Commercial Motor Vehicle Anyway?

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…

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What Is A Commercial Motor Vehicle Anyway?

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…

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