Strategies, Challenges, and Answers

Third Circuit Rejects “True Conversion” Exception To Carmack Amendment Preemption

Exception To Carmack Amendment Preemption

In the case of Dynamic Transit v. Trans Pac. Ventures, 128 Nev. Adv. Op. 69, 291 P.3d 114 (2012), the Nevada Supreme Court opined that there was a "true conversion" exception to the doctrine of Carmack Amendment preemption of all state law claims. … [Continue reading]

“Reasonable Rental Cost” Not “Financing Cost” Is The Proper Measure Of Damages For Loss Of Use

Loss of Use

Disputes over the value of loss of use are common. Sometimes these disputes are small such as the loss of use of a car following an auto accident. Other times, the dispute involves a much bigger piece of equipment. For example, Asphalt Products … [Continue reading]

Nevada Follows The “Initial Permission” Rule When Dealing With Questions Of Permissive Use

Nevada Follows The “Initial Permission” Rule

Normally, it is easy to know whether the person whose name is on the auto insurance policy has liability coverage when operating his or her insured car. But that analysis becomes more difficult when the driver is not a named insured. Nevada Law … [Continue reading]

Back to Basics: The Elements Of A Nevada Negligence Claim

Nevada Negligence Claim

Sometimes it is good to get back to basics.  Let’s quickly review what it takes to prove a negligence claim in Nevada.  The case of Turner v. Mandaly Sports Entm’t, LLC, 124 Nev. 213, 180 P.3d 1172 (2008) reminds us of the elements of that cause of … [Continue reading]

Please Nominate “Nevada Insurance Law” For The 2014 ABA Journal Blawg 100 Award

Since 2007, the American Bar Association has annually recognized 100 law blogs that are helpful, creative and engaging.  Mills & Associates believes that our Nevada Insurance Law blog should join the list of ABA Blawg Honorees in 2014. Before … [Continue reading]