Strategies, Challenges, and Answers

A Witness Not Timely Disclosed Cannot Be Used At Trial Unless The Failure To Disclose Is Substantially Justified

January 8, 2024 by

Gidget Swanson claimed injury from a motor vehicle accident.  She said that a red car hit her from behind and pushed her into the car ahead of her.  She said that the red car drove away and was never identified.  She presented an uninsured motorist claim to her auto insurance company Acuity.  The claim was […]

Filed Under: Bad Faith, Breach of Contract, Expert Witnesses, General, Genuine Dispute, NRCP 16.1, NRCP 37(c)(1), NRS 48.035(1), NRS 48.105(1), NRS 48.109(2), NRS 50.025(1)(a), NRS 50.265(1), NRS 686A.310(1), Prejudicial v. Probative, Reasonable Dispute

Where An Insurance Company Breaches Its Duty To Defend, It Can Be Liable For An Excess Verdict Even If The Company Did Not Act In Bad Faith

February 5, 2019 by

Ryan Pretner suffered critical injuries when he was hit by a truck driven by Michael Vasquez.  Mr. Vasquez’s truck was covered by two auto policies, his personal policy, and his business auto policy.  His personal insurance with Progressive had a limit of $100,000 per person.  His commercial auto policy with Century Surety Company had a […]

Filed Under: Bad Faith, Default Judgment, Duty to Defend, Excess Verdict, Unfair Claims Settlement Practice Act

The Carmack Amendment Preempts State Insurance Law Claims For Bad Faith And Unfair Claims Settlement Practices.

November 15, 2013 by

Mills & Associates’ practice focuses in a limited number of areas.  Two practice areas of interests are insurance bad faith law and trucking law.  So it is always interesting to find a case that we can blog about that that touches on both areas.  This is one of those cases. The Nichols family hired Mayflower Transit, […]

Filed Under: Bad Faith, Carmack Amendment, Preemption, Subrogation, Unfair Claims Settlement Practice Act

Got Questions?

August 11, 2010 by

These posts on the Mills & Associates Nevada Trucking Law blog are published to provide useful insights on Nevada trucking law to our clients and other subscribers. Many times the topics are suggested by recent case law, or issues raised by litigation.
As part of our ongoing effort to provide both timely and helpful information, we invite our readers …

Filed Under: Appellate Issues, Bad Faith, Conspicuity, Damages, Distracted Driving, Downtime Losses, Duties to the Insured, Employer Liability, Evidentiary Inferences, Expert Testimony, Federal Court, Fee Shifting, Finality, Financial Responsibility, Firefighter's Rule, Hedonic Damages, Imputed Liability, Industry Insights, Insurance Carrier Identification, Joint & Several Liability, Jurisdiction, Loading and Unloading, Maintenance, Model Agreements/Contracts, Negligent Repair, Open Range, Opinion Testimony, Panel Counsel Tips, Peremptory Challenge, Policy Interpretation, Policy Limits, Rapid Response Team, Rebuttable Presumptions, Removal, Respondeat Superior, Service of Process, Several Liability, Spoliation of Evidence, Third Party Bad Faith, Trial Strategy, Vicarious Liability Tagged With: , , , , , , ,

Never Say Never

September 21, 2009 by

Recently, Mills & Associates logged into a webcast sponsored by an insurance industry organization. The webcast’s expert panel was convened to discuss how defense attorneys could better improve the “insurance defense relationship”. As I listened to the panel members, it was reinforced to me how much insurance companies like to…

Filed Under: Bad Faith, Duties to the Insured, Financial Responsibility, Panel Counsel Tips, Policy Interpretation Tagged With: , , , ,