Nevada Trucking Law

In State Farm Mut. Auto. Ins. Co. v. Hansen, 131 Nev. 743, 357 P.3d 338 (2015) the Nevada Supreme Court adopted the independent counsel model outlined by the California Court of Appeals in San Diego Federal Credit Union v. Cumis Ins. Society, Inc., 208 Cal. Rptr. 494, 506 (Ct. App. 1984), superseded by statute as stated in United Enters., Inc. v. Superior Court, 108 Cal. Rptr. 3d 25 (App 2010). In its opinion issued on September 24, 2015, the Nevada Supreme Court said that an insurance company has a duty to pay for independent counsel for its insured when its interests and those of its insured are in actual conflict. The foundation for this obligation rests in the insurance policy’s duty to defend and the attorney’s professional duty to provide representation without conflict. Nev. R. Prof. Conduct 1.7(a). [Continue reading]