BLWM Blog

If The Truck Is Big, Is More Insurance Required?

Aug 14, 2023

Las Vegas is a popular convention destination.  The largest convention venue in town is the Las Vegas Convention Center, which touts over 4.6 million square feet of convention space.  Event planning professionals keep busy, helping their clients set up, present and then take down the displays that fill these convention spaces.     One such event planning organization is CCR Solutions.  CCR…

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What Is An “Occurrence”?

Aug 10, 2023

In the case of Bish v. Guaranty Nat’l Ins. Co., 109 Nev. 133; 848 P.2d 1057; 1993 Nev. LEXIS 26, the Nevada Supreme Court examined the question of what is an “occurrence”. The facts are these.     Four-year-old Christina Rose was playing on the sidewalk near the driveway of the neighbor, Ms. Alderson.  At that moment, Ms. Alderson chose to back her vehicle out of the drive.  Ms. Alderson…

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The Eleventh Circuit Disagrees With The Ninth Circuit And Applies FAAAA Preemption To State Negligence Claims

Jul 31, 2023

Nevada Trucking Law reported HERE that the Ninth Circuit has refused to apply FAAAA preemption to allegations of negligence against freight brokers.  Recently, in the case of Aspen Am. Ins. Co. v. Landstar Ranger, Inc., 65 F.4th 1261, 2023 U.S. App. LEXIS 8845, 29 Fla. L. Weekly Fed. C 2391, 2023 WL 2920451 (11th Cir. Apr. 13, 2023), the Eleventh Circuit has now disagreed with the Ninth Circuit.     Tessco…

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To What Extent Can An Insurance Company Rescind Coverage On A Nevada Auto Policy?

Jul 28, 2023

Regular readers of this blog may want to jump in and immediately answer that an insurance company cannot rescind auto coverage post-accident.  We learned that principle in the blog post HERE about Torres v. Nev. Direct Ins. Co., 131 Nev. 531, 353 P.3d 1203, 2015 Nev. LEXIS 61 (2015). That is because Nevada's Financial Responsibility Law , NRS 485.3091 imposes compulsory coverage after the accident…

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Jury Nullification Is A No-No

Jul 12, 2023

Gregory Lioce was involved in a multi-vehicle traffic crash.  Identifying the at-fault driver was difficult.  Gregory Lioce argued that Dana Cohen changed lanes into him.  Dana Cohen said Mr. Lioce turned left into her.  Mr. Lioce was then rear-ended by John Wilson, who argued that he was not negligent because he had been cut off.     In closing at trial, counsel for Wilson argued in favor…

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Who Controls The Defense Of The Case? The Insured Or The Insurance Company?

Jun 27, 2023

In the case of State Farm Mut. Auto. Ins. Co. v. Hansen, 131 Nev. 743, 357 P.3d 338 (2015), the Nevada Supreme Court determined that where the assigned insurance defense attorney encountered a conflict of interest between the duties owed to the insured and to the insurance company, the insured had the right to request independent counsel who, going forward, would be allowed to control the defense.     But…

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No Duty To Defend Or Indemnify Intentional Acts

Jun 23, 2023

Sergio Mitchell worked at a local elementary school as a janitor.  One of the students kicked Mr. Mitchell’s mop bucket, breaking it.  When Mr. Mitchell got after the student, the student started cursing him out.  Mr. Mitchell grabbed the student by the neck.  The student said that Mr. Mitchell was choking him.  The School District Police intervened.     Ultimately, the student’s parent…

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Ninth Circuit Says No To FAAAA Preemption

Jun 16, 2023

Costco needed some goods shipped.  Costco turned to transportation broker C.H. Robinson to find a trucking company that could haul the load.  Kuwar Singh, dba RT Service was one of the motor carriers in C.H. Robinson’s network.    Mr. Singh and RT Service were properly licensed.  RT was a properly authorized motor carrier with an active motor carrier registration at the time of the accident.     On…

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Nevada Allows Right Of Reimbursement Of Defense Costs

Jun 12, 2023

In 2019, Nevada Coverage Law asked whether Nevada would follow the California case of Buss v. Superior Court, 16 Cal. 4th 35, 49, 939 P.2d 766 (1997) and allow Nevada insurance companies the right to seek reimbursement for uncovered defense cost.  We said that Nevada often looks to California for direction on topics of law not yet addressed in Nevada.  See Zurich Am. Ins. Co. v. Coeur Rochester,…

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By A Preponderance Of Evidence

May 18, 2023

In civil cases, a Nevada Plaintiff has the burden of proof.  But what standard of proof must that Plaintiff meet to prevail?  In a civil case, the standard of proof in Nevada is “by a preponderance of evidence”.     The case of Deiss v. S. Pac. Co., 56 Nev. 169, 53 P.2d 332 (1936) provides a great explanation as to what it means to prove something “by a preponderance of evidence”.    This…

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