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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An Auto Insurance Company’s Refusal To Pay Claim, Standing Alone, Is Not Bad Faith

Jun 10, 2019

Ashley Aiello filed suit against her auto carrier Geico General Insurance Company.  She alleged that she was hurt when an unidentified driver struck her car and fled the scene.   She said that she filed an uninsured motorist claim with Geico.  She filed suit when as she alleged Geico refused to pay her UM benefits.  Aiello’s suit included causes of action for breach of contract and bad faith.   In Aiello…

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Nevada Allows Recovery For Prenatal Injuries

Apr 16, 2019

Dorothy White was hurt when the car in which she was riding was hit by a car driven by Henry Rup.  Not only was Ms. White injured but so was her unborn child.  In fact, the injuries were so serious that they caused the child’s death.   Ms. White sued to recover not just for her injuries but also for the wrongful death of her unborn child.  The trial court rejected Ms. White’s claims.  The…

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Property Damage Alone Is Not Enough To Give Rise To A Claim For Emotional Distress

Apr 12, 2019

Ms. Clough was drag racing when her car left the roadway and crashed into the front of the Smith’s house.    The Smiths were at home but were in the back yard when they heard the crash.  They went around to the front and found the Clough car lodged in their home and Ms. Clough dead on their walkway.    The trial court rejected the Smith’s claim for negligent infliction of emotional distress. …

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BLWM Welcomes Two New Associates

Apr 02, 2018

BLWM is pleased to announce the addition of Paul T. Landis and Lubko Berezowsky to our Scottsdale office.  Paul recently moved back to Arizona after spending 5 years practicing in Seattle, WA.  Lubko was previously with a civil litigation firm in Phoenix.  Both attorneys will focus their practices on large loss subrogation and civil litigation matters.  

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