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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The Nevada Supreme Court Sees Its 80,000th Case!

Nov 25, 2019

The Nevada Supreme Court has announced that it has accepted its 80,000th case.  The case is Patel v. Patel, a civil appeal from the Eighth Judicial District Family Court.   Nevada was granted statehood on October 31, 1864.  The Civil War was underway and would not end until April 9, 1865.  Thus the Nevada flag bears the motto "Battle Born".   The earliest reported opinion from the…

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Nevada Hospital Liens Do Not Apply To UM Recoveries

Nov 18, 2019

Image source: University of Nevada, Reno School of Medicine     Kathryn Boyer was hurt in a motor vehicle accident with an uninsured driver.  Following the accident, she received treatment at Washoe Medical Center.   Kathryn had planned ahead and purchased uninsured motorist coverage with Reliance Insurance Company.  Reliance paid Kathryn UM benefits in spite of a Hospital Lien that had been…

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Nevada’s Pro Hac Vice Rules Are Stricter Than Most

Oct 24, 2019

Do you have a civil matter that needs to be litigated in Nevada but you do not have the time or patience to study for and sit through a three-day bar exam?  Mike Mills of Bauman, Loewe, Witt & Maxwell provides the solution! Nevada does not admit attorneys to practice based on reciprocity with any foreign states.  See Nevada Supreme Court Rule 42(15).  However, pro hac vice admissions are available. …

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

Oct 15, 2019

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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Negligent Entrustment Of Motorcycle Not Covered By Homeowner’s Policy

Oct 03, 2019

Mr. Gregory had a motorcycle.  It was a piece of work.  The tires were bald.  The front tire was underinflated.  The rear tire was overinflated.  Mr. Gregory loaned the motorcycle to his son Jimmey. But to be safe, Mr. Gregory gave his son a couple of modified helmets.   Jimmey was taking Phillip Senteney on a ride on the bike. Jimmey crashed.  Phillip was hurt.   Mr. Gregory had motorcycle…

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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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