Strategies, Challenges, and Answers

Bobtail Insurance Provides Limited Coverage

Truckers and trucking companies do business under many different contractual arrangements.  Some truckers drive as employees of a single trucking company.  Those drivers operate the company’s truck and pull the company’s trailers.  However, a common business model involves a person who owns and operates his or her own truck (known as an owner-operator).  These owner-operators […]

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

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 […]

Motor Carrier Beats Driver’s Claim For Overtime Pay, AGAIN

They may not know the name of the law or the details, but employees that qualify are almost universally aware of their right to overtime pay under the Fair Labor Standards Act.  29 USCS §206, 207.  The incentive of earning one-and-one-half hour’s pay for one hour of work keeps all such employees’ eyes on the […]

Season’s Greetings

I really enjoy this time of year.  It means that I get to spend more time with my family and splurge eating some foods that I would otherwise shun. I hope that all of the readers of the Nevada Law Blogs will also be sipping something warm, eating a little too much and staying safe […]

Let’s Appreciate and Remember Our Veterans; on Veterans Day and Everyday

Officially we celebrate Veterans Day on November 11. Americans honor the brave men and women of the armed forces who risk their lives to protect our freedom. They include past and present members of the US Army, Navy, Marine Corps, National Guard, Air Force, and the Coast Guard. Originally called Armistice Day, major hostilities of […]

Nevada’s Auto Liability Compulsory Insurance Minimums Have Risen

I have been practicing law in Nevada for nearly 30 years. For as long as I can remember, Nevada has required autos registered in this state to have bodily injury automobile liability insurance of at least $15,000 per person / $30,000 per occurrence.  The minimum automobile liability limit for property damages has been set at […]

Negligent Entrustment Of Motorcycle Not Covered By Homeowner’s Policy

Mr. Gregory had a motorcycle.  It was a piece of work.  The tires were bald.  The front tire was underinflated.  The rear tire was overinflated.  Mr. Gregory loaned the motorcycle to his son Jimmey. But to be safe, Mr. Gregory gave his son a couple of modified helmets. Jimmey was taking Phillip Senteney on a […]

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 providers sold their liens to litigation lenders at a discount. When the […]

How To Challenge An FMCSA Notice of Claim.

When a motor carrier is faces a Notice of Claim issued by the FMCSA for violations of the regulations, what are its options? An explanation of the choices is found at 49 CFR 386.14. Those choices are three . . .

Not Everyone Agrees That Nevada Will Follow Majority Rule Dismissing Negligent Entrustment / Supervision / Training Where Motor Carrier Admits Course And Scope

Readers of the Nevada Trucking Law Blog know that Nevada Supreme Court has yet to decide whether claims of negligent hiring, training, supervision or retention can survive once an employer has admitted its employee driver was in the course and scope of his/her employment.  The rule stated in McHaffie v. Bunch, 891 S.W.2d 822, 826 […]