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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Just, Speedy, and Inexpensive

May 10, 2023

Does anyone else have a favorite Rule of Civil Procedure?  I do.  It is Rule 1, particularly the last sentence which says that the Rules of Civil Procedure “should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding.”   I find myself turning to this rule more and more as I prepare papers…

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What Happens If You Split Causes of Action?

May 05, 2023

Nevada follows the rule that a Plaintiff may not file two separate suits arising from the same set of facts.  The consequence of trying to split causes of action is that if requirements of the rule are satisfied, the second suit will be dismissed.     The Nevada Supreme Court said:   As a general proposition, a single cause of action may not be split and separate actions maintained. Reno Club…

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Mixed Claims? Defend as to One, Defend as to All

May 03, 2023

Mr. Alm bought his Homeowner’s Policy from Hartford Fire Ins. Co.  He got sued for bodily injuries.     The First Cause of Action of the Complaint alleged that the injury happened because of Mr. Alm’s negligence.  But the Second Cause of Action alleged that the injury was a result of a violent and intentional assault on the part of Mr. Alm.   Mr. Alm presented the suit to Hartford. …

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