Strategies, Challenges, and Answers

Negligent Entrustment Of Motorcycle Not Covered By Homeowner’s Policy

Negligent Entrustment Of MotorcycleMr. 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 insurance with $100,000 in liability coverage.  Phillip Senteney’s dad was not satisfied.  He refused settlement for $100,000 alleging that the homeowner’s policy should pay as well. Mr. Senteney filed a declaratory relief action naming Mr. Gregory.  Eventually, Fire Insurance Exchange became party to the action and defended against the allegations that the Gregory homeowner’s policy was implicated.  When the trial court refused to grant Mr. Senteney the relief he sought, he appealed.  [Continue reading]

Medical Liens Are Not A Collateral Source And Are Admissible To Prove Bias

Previously, the Nevada Law Blogs wondered why a Plaintiff had been allowed to have his cake and eat it too.  That Earlier Post told the story of a Plaintiff whose medical providers treated him on liens.  However, before the trial, those same medical … [Continue reading]

How To Challenge An FMCSA Notice of Claim.

CHALLENGING CIVIL PENALTIES IMPOSED BY THE FMCSA

When a Motor Carrier faces an FMCSA Notice of Claim for violations of the regulations, what are the Motor Carrier's options?  An explanation of its choices is found at 49 CFR 386.14.  Those choices are three:1.  Accept that all of the charges are … [Continue reading]

Nevada’s Auto Liability Compulsory Insurance Minimums To Increase

Increase in Minimum Limits

I have been practicing law in Nevada for nearly 30 years. For as long as I can remember, Nevada has required autos registered in this state to have bodily injury automobile liability insurance of at least $15,000 per person / $30,000 per occurrence.  … [Continue reading]

Not Everyone Agrees That Nevada Will Follow Majority Rule Dismissing Negligent Entrustment / Supervision / Training Where Motor Carrier Admits Course And Scope

Negligent Entrustment

Readers of the Nevada Trucking Law Blog know that Nevada Supreme Court has yet to decide whether claims of negligent hiring, training, supervision or retention can survive once an employer has admitted its employee driver was in the course and scope … [Continue reading]