TIDA Volunteers Assist NPHY

Nov 06, 2017

  On the morning of October 25, 2017 BLWM attorney Mike Mills and a dedicated group of volunteers descended upon the Nevada Partnership for Homeless Youth (NPHY) drop in shelter to lend a hand.   The volunteers were in Las Vegas for the 25th annual seminar of the Transportation Industry Defense Association (TIDA).  Whenever a TIDA conference comes to Las Vegas members choose a local non-profit…

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BLWM attends LVDL Summer Event at TopGolf Las Vegas. What Is A Commercial Motor Vehicle Anyway?

Sep 06, 2017

Aileen Cohen and Mike Mills of BLWM attended the Las Vegas Defense Lawyer’s Summer Event at TopGolf Las Vegas. Many of the judges and justices from across the state attended.     The Event was successful in big part based because of the contributions of many great LVDL’s sponsors but also because of the all of the members who attended.    If you have questions about defense, coverage or…

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What Is A Commercial Motor Vehicle Anyway?

Aug 02, 2017

In order to understand many of the laws surrounding commercial driving, you have to know the definition of a commercial motor vehicle.  For example, a person cannot drive a commercial motor vehicle on the highways of Nevada unless that person has a commercial driver’s license.  NRS 483.924.  Do I need to hold a CDL to drive my pickup truck on the roads of Nevada?.  In other words, is my pickup…

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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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