Employers can be held liable for negligent acts of employees under a legal theory of vicarious liability known as respondeat superior. In simple terms, this means that if an employee, while acting within the course and scope of his employment, is negligent, the employer will be legally responsible for the damages suffered. Nevada even has […]
How To Find The Insurance Carrier For Commercial Trucks
If you are looking to identify current and past insurance coverage for commercial carriers, licensed with Federal Motor Carrier Safety Administration, here is how you go about it. On your internet browser, go to the SAFER web site, www.safersys.org. In the bottom middle of the page there’s a heading that entitled FMCSA searches. Click on […]
Nevada Downtime Losses
Earlier this year, I was approached by a trucking insurance carrier with a list of questions regarding the method of properly calculating downtime losses in Nevada. My research produced the answers to those questions found below. I thought it would be informative to post this information for others to take a look at: 1. How should we […]
Must / Can / Should This Case Be Removed To Federal Court?
In my experience, most Nevada plaintiffs’ attorneys would prefer litigating their client’s cases in the Nevada state court. Each probably has his or her own reason to prefer state court over federal. However, defendants may realize significant advantages by getting a case out of state court. The process of getting a case out of state […]
Disclosing Policy Limits
Update 12/19/2014 Is A Commercial Truck Considered A “Passenger Car” For Purposes Of Disclosure Of Liability Policy Limits? Sometimes I will get calls from my truck adjusters asking, “Do I have to disclose my insured’s policy limit?” I always tell them that that depends on where we are in the litigation. Keep in mind that after […]