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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It Is Not Bad Faith To Decline Coverage Where A Genuine Dispute Exists

Apr 06, 2023

The case of Arlitz v. GEICO Cas. Co., No. 2:19-cv-00743-CDS-DJA, 2022 U.S. Dist. LEXIS 211433 (D. Nev. Nov. 22, 2022) involves a Son, a Father and a Motorcycle Passenger.     The Son loaned his automobile to his Father.  The Father crashed the Son’s auto into the Plaintiff, who was a passenger on a motorcycle.  Plaintiff sustained permanent brain injuries.     The Son’s insurance was…

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Paul Landis and Matthew Delinko Named Partners

Jan 08, 2023

BLWM is pleased to announce that Paul Landis and Matthew Delinko have been elected as Partners of the Firm effective January 1, 2023.  

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Welcome Back Carl Guerrieri

Mar 23, 2022

BLWM is pleased to announce that Carl Guerrieri has rejoined our Scottsdale office.   Carl's areas of practice include large loss property subrogation, fire litigation, civil and commercial litigation, water loss and product liability. 

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Chris Brennan and Patrick Howell elected as Equity Partners

Dec 19, 2021

BLWM is pleased to announce that Christopher J. Brennan and Patrick Y. Howell have been unanimously elected as Equity Partners.  BLWM congratulates them and wishes them continued success.

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Chris Brennan Favorable Jury Verdict in Fire Subrogation Case

Nov 16, 2020

Orange County – Christopher Brennan, Partner at BLWM, secured yet another high, six figure jury verdict in a subrogation trial! After a ten day trial, an Orange County, California jury (wearing masks and socially distanced throughout the courtroom) found the business owner of a woodshop liable for a fire that destroyed a neighboring screen printing business that had been insured by one of our insurance…

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Leaving The Scene Of The Accident Is Not By Itself A Basis For Punitive Damages

Dec 09, 2019

As Defendant Driver VanVeen was exiting the I-15 at Charleston, he failed to slow his tractor trailer sufficiently.  His truck hit the back of the Plaintiffs’ car.  The truck scraped the side of the car and kept ongoing.   The car followed the truck.  As the truck tried to merge to the left lane it hit the car again because the car was in the truck’s blind spot.  The truck then stopped. In Hernandez…

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In Deciding Whether To Settle A Claim, The Insurance Company Must Give As Much Consideration To The Interests Of Its Insured As It Gives To Its Own Interests

Nov 27, 2019

The former patient of a Las Vegas doctor sued him.  In their suit, the patient and his wife claimed that the doctor had misdiagnosed a cancerous tumor.   When it came time to talk settlement, the Plaintiffs demanded a settlement in excess of the policy limit.  However, the Plaintiffs said that they would accept the policy limit to resolve the case.   When the malpractice claim did not settle,…

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