Strategies, Challenges, and Answers

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

Neavda 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 requires that a liability insurance policy must extend to any person that is operating the vehicle with the “express or implied permission of the named insured.” NRS 485.3091(1)(b). The “omnibus clause in most insurance policies allow for this type of coverage. Even so, the issue of “implied permission” can be tricky.

The case of U.S. Fid. & Guar. Co. v. Fisher, 88 Nev. 155, 494 P.2d 549 (1972) deals with the issue of permissive use of a vehicle and the scope of coverage under the omnibus clause of an insurance policy. In that case, the insurance company issued an auto policy to Ms. Link. Ms. Link allowed Mr. Fisher to use her car from time to time to run errands.

Ms. Link was going on vacation. She asked Mr. Fisher to take her to the airport and then to park her car in his driveway while she was away. She told Mr. Fisher that he could move the car in case of an

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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]

Even Though An Employee Is A Supervisor, If Not A “Managing Agent”, Employer Not Liable For Punitive Damages For Employee’s Acts

security officer uniform shoulder patch

A night of fun at the Gold Coast Hotel and Casino turned into a nightmare for Dedric Holman and Christina Edwards. The two were enjoying some gambling in the pre-dawn hours of February 19, 1994. Dedric was sitting at a blackjack table when Christina … [Continue reading]