fbpx

A Minority Holding With Major Implications for Bad Faith Claims Against Insurers in Nevada

Author: Kris D. Klingensmith

Guest Editors: Jeremy Freedman, Ashley Kaye

November 30, 2020 4:01pm

In 2018, the Nevada Supreme Court issued an opinion in Century Surety Company v. Andrew with important potential implications regarding an insurance carrier’s liability and duty to defend. Generally, an insurance policy contains the detailed scope of the insurer’s contractual duty to defend the insured, outlining both when the duty and certain exclusions apply. At issue in the Century Surety case is whether the liability of an insurer that has breached its duty to defend, without acting in bad faith, is capped at policy limits plus costs incurred, or whether the insurer is liable for all losses consequential to the breach of the duty to defend.

The Nevada Division of Insurance and Power to Suspend Policy Exclusions for Pandemic-Related Coverage

Author: Cheryl Wilson

Guest Editors: Jeremy Freedman, Ashley Kaye

November 30, 2020 3:59pm

The Nevada Division of Insurance can create law and determine when the law has been violated. The Division of Insurance has original jurisdiction to hear matters when a party seeks to force a carrier to comply with the insurance code. (Allstate Ins. Co. v. Thorpe (Nev. 2007) 123 Nev. 565; see also NRS § 686A.015 [stating “the Commissioner has exclusive jurisdiction in regulating the subject of trade practices in the business of insurance in this state.”]). NRS 679B.301(1) authorizes the Insurance Commissioner to hold hearings for any purpose under…

Defenses Raised in an Answer Can Be Waived if Not Timely Reaffirmed in Discovery

Author: Christopher Lund

Guest Editor: Amy Chambers

November 2, 2020 3:00pm

In a recent opinion, the Nevada Supreme Court upheld the trial court’s decision to preclude defendant APCO Construction, Inc. (“APCO”) from raising an affirmative defense at trial, despite APCO raising this defense in its Answer. In 2007, APCO was a general contractor on a Las Vegas construction project, and plaintiff Zitting Brothers Construction, Inc. (“Zitting”) was a subcontractor.  The construction project was owned and commissioned by Gemstone Development West, Inc. (“Gemstone”). However, Gemstone shut the project down in December 2008.

Defamation and Las Vegas: Can Convention Gossip Support a Lawsuit?

Author: Cheryl Wilson

Guest Editor: Jenn N. Crittondon

November 2, 2020 3:00pm

Las Vegas, Nevada is an exciting town.  Even today, when the pandemic has kept most Americans from traveling around the country, Las Vegas continues to attract people from outside of Nevada for gaming, music, food and outdoor desert activities. Visitors to Las Vegas, as of July 2020, totaled 11,170,700 which is a 55% decline from the 24,825,500 visitors during the same period of 2019.

The Importance of Opposing Petitions for Exemption from Arbitration When Plaintiff Has Not Provided any Exhibits to Support a Damage Calculation

Author: Russell D. Christian

Guest Editor: April M. Cristal

October 12, 2020 3:04pm

In 1992, the Eighth Judicial District Court in Clark County, Nevada created the Court Annexed Arbitration (“Arbitration Program”) to provide a “simplified procedure for obtaining a prompt, economical and equitable resolution of certain civil cases.” If utilized properly, the Arbitration Program can be a very cost effective means of resolving cases as it “allows litigants the opportunity to obtain relief outside the formal court setting.” Subject to certain exceptions, all civil cases commenced in the district courts with a probable jury award value of $50,000 or less per plaintiff are subject to the program.

Nevada’s Limitations on Attorney Fees and the “Substantial Benefit Doctrine”

Author: Cheryl Wilson

Guest Editor: April M. Cristal

October 12, 2020 2:36pm

Let’s say you own common stock in a Nevada corporation.  The corporation then amends its articles of incorporation to change its capital structure and change the amount of common stock and create blank check preferred stock. The corporation failed to comply with majority vote requirement for amendments.  You then demand corrective action or you would sue.  In response, the corporation conceded error and rescinded their actions.  You then sue the corporation for $250,000 in attorney fees because due to your demand and…

The 2020 Venetian Case: Confirmation of Nevada’s New Scope of Discovery Standard and “Good Cause” Analysis

Author: Kris D. Klingensmith

Guest Editor: Jeremy Freedman

October 5, 2020 2:09pm

The Nevada Rules of Civil Procedure were amended in March 2019 to change the scope of discovery and to require a proportionality test. In a recent decision, the Nevada Supreme Court outlined the analysis the district courts must use to determine (1) whether the discovery sought is proportional to the needs of the case based on a list of factors in the new language and (2) whether good cause had been shown such that a protective order should issue.  Venetian Casino Resort, LLC v. Eighth Judicial Dist. Court, 136 Nev. Adv. Op. 26 (Nev. 2020).

Nevada Clarifies the Factors a Court Must Consider When Determining Whether Excusable Neglect Exists

Author: Victoria Hightower

Guest Editor: Allen Aho

September 1, 2020 8:30am

NRCP 60(b)(1) provides that a district court may grant relief “from a final judgment, order or proceeding” based on a showing of “mistake, inadvertence, surprise or excusable neglect.” NRCP 60(b)(1).  This has given rise to the question of what exactly the court must consider when determining whether excusable neglect exists, and in what instances the court must make these considerations.

Enforceability of Anti-stacking Provisions and Non-Duplication of Benefits Clauses in Uninsured/Underinsured Motorist Portions of Coverage in Nevada Auto Policies

Author: Tom McGrath

Guest Editor: Cinnamon J. Carr

August 3, 2020 10:51am

Evaluating and handling first party claims for benefits under the uninsured and underinsured (“UM/UIM”) coverage provisions of Nevada insurance policies presents many challenges.  Nevada law does not permit the UM/UIM carrier to compel the claims to arbitration nor does it require an insured to obtain the carrier’s consent before the insured reaches a settlement agreement with the tortfeasor…

Nevada Courts Are Opening Up; What Will That Look Like?

Author: Victoria Hightower

Guest Editor: Wendy Skillman

July 8, 2020 12:00pm

On March 12, 2020, Nevada Governor Steve Sisolak issued a Declaration of Emergency in response to the COVID-19 pandemic.  On March 13, 2020, the President of the United States declared a nationwide emergency pursuant to §501(6) of the Robert T. Stanford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121-5207.  To mitigate the spread of COVID-19, the Center for Disease Control recommended social distancing and mandated wearing facemasks.  Governor Sisolak, in Directive 021…

Nevada Court of Appeals Refuses to Define Breach of the Peace for Self-Help Repossession

Author: Christopher Lund

Guest Editor: Wendy Skillman

July 8, 2020 12:00pm

James Droge, et al. v. AAAA Two Star Towing, Inc., 136 Nev. Adv. Op. 33 (Nev. App., June 18, 2020).
One of the favorite subjects found on reality TV is the repossession of cars, boats, and airplanes from individuals who defaulted on their loans to the bank. Watching a desperate and screaming debtor throw himself onto the hood of a car as it is being loaded onto a tow truck makes for great television. Often, in these shows, the employee of the repossession company or “repo company” is heard explaining to the delinquent debtor his company has the right under self-help laws and the loan…

The Las Vegas Strip Closed and So is My Business. Is the Pandemic a Covered Loss?

Author: Cheryl Wilson

Guest Editor: Allen Aho

June 1, 2020 9:00am

As any lawyer would respond:  It depends. There are numerous coverage options a business owner has to explore in order to prepare for the uncertainties of the future. In an entertainment town like Las Vegas, a business owner should consider event cancellation and contingent or supply disruption policies in a comprehensive insurance coverage package. However, the issue of…

The High Bar of Admissibility for Biomechanical Experts in Nevada

Author: Kris D. Klingensmith

Guest Editor: Allen Aho

June 1, 2020 9:00am

Biomechanical experts have been the subject of many motions in limine and appeals throughout recent years. The primary issue has been whether a biomechanical expert can provide opinions at trial regarding the forces of impact and alleged injuries resulting from that impact.  In 2008, the Nevada Supreme Court laid the groundwork and set a high bar for a party to successfully…

Can a Notice of Cancellation be Set Aside by the Court?

Author: Cheryl Wilson

May 6, 2020 7:43pm

As most insurance companies understand, Nevada will impose its own regulations and literally re-write an insurance policy so that it complies with its own statutory requirements. One of the areas where Nevada strictly interferes is in relation to when and how an insurance company can cancel an insurance policy.

Defendants Entitled to Attorney Fees as Prevailing Party in Voluntary Dismissal Cases Under Certain Circumstances

Author: Christopher Lund

Guest Editor: Christopher Schon

May 6, 2020 7:42pm

145 East Harmon II Trust v. The Residences at MGM Grand-Tower A Owners’ Association, No. 75920, 136 Nev. Adv. Op. 14 (April 2, 2020). Recently, the Nevada Supreme Court tackled a question of first impression for the state: whether a defendant may be considered the prevailing party when a plaintiff voluntarily…

Keeping Cases Moving With Remote Depositions in Nevada

Author: Nathan E. Malone

Guest Editor: Raymond K. Wilson Jr.

April 6, 2020 3:04pm

Prior to recent world events, taking depositions by remote means was seen more as a luxury to avoid travel costs for relatively unimportant, but necessary, depositions.  It was also seen as an inferior way to take depositions.  However, in the current world environment, utilizing and applying remote deposition technology can actually be ordered by a court when the circumstances require, which may likely begin to occur more often. 

Nevada Limits Access to Police Body Camera Footage

Author: Christopher Lund

Guest Editor: Ashley Kaye

April 6, 2020 3:03pm

Recently, the Nevada Supreme Court published an opinion on an issue of first impression for the court. In Republican Attorneys Gen. Ass’n v. Las Vegas Metro. Police Dep’t (hereinafter referred to as “RAGA v. LVMPD”), the court considered the public’s access to police body camera footage involving juveniles.

Pre-Employment Drug Testing: What Nevada Employers and EPL Insurers Need to Know

Author: Harry Harrison

Guest Editor: Lara Cullinane-Smith

February 3, 2020 10:00am

Effective January 1, 2020, Nevada became the first state to ban most employers from utilizing pre-employment testing for marijuana in their hiring practices. Employers and their insurers need to be cognizant of this new law and avoid the pitfalls associated with the commonly-accepted practice of making hiring decisions contingent on pre-hire drug tests.

How the 2015 Amendment to the FRCP and 2019 Amendment to the NRCP Affect Spoliation in Nevada

Author: Kris D. Klingensmith

Guest Editor: Dan Cortright

January 8, 2020 11:00am

All too often, a perfectly defensible claim or case contains significant flaws due to evidence spoliation issues.  However, recent changes to the Federal Rules of Civil Procedure (“FRCP”) and Nevada Rules of Civil Procedure (“NRCP”) have changed and softened some of the sanctions surrounding spoliation of electronically stored information.

Claims for Professional Negligence Require Expert Testimony on the Standard of Care

Author: Nathan Furman

January 8, 2020 11:00am

In Boesiger v. Desert Appraisals, LLC, 444 P.3d 436 (Nev. Jul. 3, 2019), a married couple bought a home and financed the purchase through a mortgage on the property. The mortgage lender contracted with an appraisal company to perform an appraisal. The appraiser valued the property at $340,000, with 3,002 square feet of gross living area. The appraiser’s report noted a discrepancy between the square…

Can a Carrier Pull Coverage if the Short-term Lessee Won’t Cooperate After a Loss With a Rental Car?

Author: Cheryl Wilson

Guest Editor: Dan Cortright

December 2, 2019 10:00am

The short answer is no. Each month Las Vegas, Nevada swells with visitors who rent cars and tool around the desert.  More than 3.4 million people visited Las Vegas in September, 2019. The Las Vegas airport reported airport rental car revenue of $28 million dollars for the month of September, 2019. I am not sure how many actual vehicles that number represents, but it is clearly a large number.

The Nevada Gaming Commission Takes Aim at Workplace Sexual Harassment and Discrimination, Increase Penalties for Violations

Author: Harry Harrison

Guest Editor: Raymond K. Wilson Jr.

December 2, 2019 10:00am

To bolster the already existing State and Federal laws prohibiting workplace sexual harassment and discrimination, the Nevada Gaming Commission (the “Commission”) has recently adopted its own policies tied to the gaming licenses it issues throughout the state. Publications have noted that Nevada has owned the unwanted title of leader in sexual harassment complaints per capita in the United States. Whether that is the product of a…

Copyright © 2020 Tyson & Mendes LLP. All Rights Reserved. Website by Big Behavior.