Strategies, Challenges, and Answers

Nevada Hospital Liens Do Not Apply To UM Party Recoveries

Image source: University of Nevada, Reno School of Medicine

Kathryn Boyer was hurt in a motor vehicle accident with an uninsured driver.  Following the accident, she received treatment at Washoe Medical Center.

Kathryn had planned ahead and purchased uninsured motorist coverage with Reliance Insurance Company.  Reliance paid Kathryn UM benefits in spite of a Hospital Lien that had been served by Washoe Medical Center.

When Washoe Medical Center learned about the payment, it sought to foreclose the lien against Reliance hoping to recover the amount Reliance had paid to Kathryn.  Washoe Medical Center argued that Nevada’s Hospital Lien statute was broad enough to allow its lien to attach to Kathryn’s UM benefits.  Reliance argued that the language of NRS 108.590 was not broad enough to allow the hospital’s lien to apply against first-party recoveries like uninsured motorist benefits. [Continue reading]

What Is A Commercial Motor Vehicle Anyway?

In order to understand many of the laws surrounding commercial driving, you have to know the definition of a commercial motor vehicle.  Let's use my pickup truck to discuss what is a commercial motor vehicle.Nevada law adopts the federal … [Continue reading]

Nevada Supreme Court Enforces Employee Exclusion

Employee Exclusion

Pacific Clay Products makes concrete pipes.  Pacific Clay Products tells its driver, Mr. Wambolt, to deliver a load of concrete pipes to Ace Plumbing & Heating in Las Vegas, Nevada.When Mr. Wambolt arrives in Las Vegas, he needs a forklift to … [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]

CELEBRATE LABOR DAY ! ! !

The team at Bauman, Loewe, Witt & Maxwell and the Nevada Law Blogs wish all of our clients, friends, business associates and readers a very safe and extremely enjoyable Labor Day Holiday!In 1894 Labor Day was designated a federal holiday to … [Continue reading]