BLWM Blog

BLWM Opens Portland, Oregon Office

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…

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The Duty To Defend Continues Through The Entire Litigation

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…

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An Insured Can Seek A Broad Range Of Damages If An Insurer Wrongfully Fails To Defend

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,…

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Insurance Fraud Can Be A Lot of Things.

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…

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When Will Nevada Allow An Insurer The Right Of Recoupment?

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.…

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Does An Insurer Have A Duty To Defend When Other Insurers Have Already Taken Up The Defense?

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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Mills to Attend DRI’s Insurance Bad Faith and Extra-Contractual Liability Seminar

May 26, 2017

DRI will convene its Insurance Bad Faith and Extra-Contractual Liability Seminar at the Hyatt Regency in Boston, MA from May 31 to June 2, 2017. Mike Mills from Bauman Loewe Witt & Maxwell will attend.   Presenters are scheduled to address many important and timely topics including:   What Works for Policyholders in Bad Faith Cases and Why Maintaining Control When Faced With Third-Party Bad…

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The Immense Sacrifice Of Our Fallen Heroes Must Always Be Remembered . . .

May 26, 2017

“Was it worth it?” This is a question, sometimes politically-loaded, that is often asked of family members and war buddies of our Fallen Heroes.   Marine Corps General John Kelly recently offered a unique perspective. A veteran of Iraq and Afghanistan himself, General Kelly lost his youngest son, First Lieutenant Robert Kelly, while conducting combat operations in Helmand Province in 2010.   General…

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BLWM co-hosts Live Burn to Learn in Costa Mesa, CA

Apr 17, 2017

Bauman Loewe Witt & Maxwell has partnered with Unified Investigations & Sciences, and others, to offer a one day seminar on fire claims and investigations.  The seminar and live burn will be held on Thursday, May 11, 2017, in Costa Mesa, CA.  In addition to continuing education courses, the event is a unique opportunity to observe a real-time fire scene.  Please click on the invite below to register…

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Aileen Cohen elected to the Las Vegas Defense Lawyers Board of Directors

Apr 17, 2017

At the Fifth Annual Dinner on March 30, 2017, Las Vegas Defense Lawyers (LVDL) members elected Aileen E. Cohen, Esq. to the Board of Directors.  Aileen will be working on LVDL advocacy efforts in support of the civil litigation defense bar before the Nevada Legislature in addition to other ongoing projects to promote LVDL objectives.  Las Vegas Defense Lawyers is an organization of attorneys engaged…

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