Strategies, Challenges, and Answers

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 definition of a “commercial motor vehicle” as its own.  See NRS 706.675   Federal regulations […]

Nevada Supreme Court Enforces 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 unload the pipes.  Lucky for Wambolt, Ace Plumbing & Heating has a forklift […]

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 […]

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 be celebrated on the first Monday in September. The force of American labor […]

Bobtail Insurer Did Not Wait Too Long To Disclaim Coverage

In a POST earlier this year, we recited the general rule that when a truck is pulling a load for a motor carrier, the motor carrier’s policy is responsible to provide insurance.  The inverse of that general rule is that when the truck is not in the business of a motor carrier, normally the non-trucking […]

CELEBRATE INDEPENDENCE 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 Independence Day Holiday! As we celebrate the July 4, 1776 signing of the Declaration of Independence, let’s reflect on a few important words from that life […]

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 […]

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 […]