Strategies, Challenges, and Answers

“Reasonable Rental Cost” Not “Financing Cost” Is The Proper Measure Of Damages For Loss Of Use

Disputes over the value of loss of use are common. Sometimes these disputes are small such as the loss of use of a car following an auto accident. Other times, the dispute involves a much bigger piece of equipment.

For example, Asphalt Products Company (APCO) arranged to sell a used bulldozer tractor to All Star Ready Mix. The agreed sales price was $467,000. The sale was memorialized in a written “Intent to Purchase”. APCO then transferred the use of the tractor to All Star. It immediately put the tractor to use, 22 hours a day, in All Star’s concrete mixing business.

A lender gave All Star a letter of commitment that contemplated a monthly payment of $10,427.17. All Star paid the lender $10,000 in earnest money. But three months later, the financing fell through. APCO had to repossess the tractor.

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Nevada Follows The “Initial Permission” Rule When Dealing With Questions Of Permissive Use

Nevada Follows The “Initial Permission” Rule

Normally, it is easy to know whether the person whose name is on the auto insurance policy has liability coverage when operating his or her insured car. But that analysis becomes more difficult when the driver is not a named insured. Nevada Law … [Continue reading]

Back to Basics: The Elements Of A Nevada Negligence Claim

Nevada Negligence Claim

Sometimes it is good to get back to basics.  Let’s quickly review what it takes to prove a negligence claim in Nevada.  The case of Turner v. Mandaly Sports Entm’t, LLC, 124 Nev. 213, 180 P.3d 1172 (2008) reminds us of the elements of that cause of … [Continue reading]

Please Nominate “Nevada Insurance Law” For The 2014 ABA Journal Blawg 100 Award

Film Award

Since 2007, the American Bar Association has annually recognized 100 law blogs that are helpful, creative and engaging.  Mills & Associates believes that our Nevada Insurance Law blog should join the list of ABA Blawg Honorees in 2014. Before … [Continue reading]

Electronic Logging Mandate On The Way!

e-logs

The other day, I was talking to my friend the airline pilot.  I asked him what was involved in tracking his in-flight hours so that he doesn’t exceed his allotted time.  He said, “Oh, that’s easy.  All I have to do is shut the cockpit door.”  I … [Continue reading]