Strategies, Challenges, and Answers

Nevada Does Not Recognize An Independent Tort Action For Spoliation

After remodeling, the Taco Cabana Restaurant was open again for business. But the remodeled decorative ceiling collapsed onto the customers.  People were hurt.  A lawsuit followed.

The contractors and the restaurant entered into an agreement to preserve the collapsed ceiling until all litigation regarding the collapse were resolved.  Thereafter, the insurance companies of the contractor and the restaurant became involved.  The insurance companies paid the warehouse fees to store the debris. But after three years, the insurance companies didn’t want to carry the storage fees any longer.  They stopped paying the bill and eventually, the debris was disposed of.

Timber Tech, the manufacturer of the decorative beams used in the ceiling, was a defendant in the suit brought by the customers.  After the debris was discarded, Timber Tech settled with the injured customers and then filed suit against the contractor and the insurance company.  While the causes of action were entitled Punitive Damages, Equitable Indemnification and Contribution, the court pointed out that all of them revolved around the disposal of the debris.  In dispositive motions, the trial court found against Timber Tech. [Continue reading]

The Duty To Defend Continues Through The Entire Litigation

Once the duty to defend arises, the insurer's duty continues throughout the entire litigation.  United Nat'l Ins. Co. v. Frontier Ins. Co., 120 Nev. 678, 687, 99 P.3d 1153, 1158 (Nev. 2004).  The duty to defend continues until final resolution of the … [Continue reading]

Negligent Entrustment Of Motorcycle Not Covered By Homeowner’s Policy

Negligent Entrustment Of Motorcycle

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 … [Continue reading]

Mills Contributes to DRI’s 2018 Unfair Claims Settlement Practices Act Compendium

Unfair Claims Settlement

DRI has again honored Mike Mills, selecting him to author the Nevada and Utah Chapters in its 2018 Unfair Claims Settlement Practices Act Compendium.  DRI turns to it most respected members from across the country to author state-specific sections to … [Continue reading]

When Is A UM/UIM Provider Bound By A Judgment Against The Tortfeasor?

Lucky for John Pietrosh, his parents bought UM/UIM coverage as part of their Allstate auto insurance policy.  Not so lucky for John, one day in July 1966, he was riding his bike when an uninsured driver hit and injured him.His parents reported … [Continue reading]