Nevada Coverage and Bad Faith Law

CELEBRATE LAW DAY 2011

Gerald Ford said “Our constitution works. Our great republic is a government of laws, not of men.”  Andrew Jackson said “The great can protect themselves, but the poor and humble require the arm and shield of the law. “  Republican or Democrat, all acknowledge that the USA is a nation of laws.  In these times of political unrest it is important to remember this country is founded on the rule of law.  

During the cold war the USSR celebrated May 1 with parades emphasizing military might, and power.  In response President Eisenhower declared that May 1 would be celebrated in America as Law Day.  In 1961 Congress made it official and in 36 USC § 113 provided that US Citizens would honor the law on  May 1:

(1) in appreciation of their liberties and the reaffirmation of their loyalty to the United States and of their rededication to the ideals of equality and justice under law in their relations with each other and with other countries; and
(2) for the cultivation of the respect for law that is so vital to the democratic way of life.

We don’t celebrate with parades, fireworks, concerts on the National Mall, or other such holiday trappings. Nobody gets the day off work or school, and the Courts and banks are open.  Instead various State Bar Associations arrange for local lawyers and judges to visit local grammar and secondary schools, to inform and teach future generations what the American judicial system is all about.  On this May 1, Mills and Associates reminds you to celebrate and embrace the law.

IS CLARK COUNTY A SUMMARY JUDGMENT BLACK HOLE?

“Should We Even Try?”

Countless times during my first meeting with the client, I have heard recitations about how unfair it is that the client has to defend against facially unsupportable allegations.  “Can’t you just file a Motion and get us out of this case?” they ask.  My answer has always been “If only it were that easy!” 

When giving that answer, I wasn’t being insensitive.  I was just passing on to the client what I had learned by experience; in Nevada State District Courts the dismissal of a case on a motion is a rare occurrence. 

Well now, the data has been coming in to back up what has now only been anecdotal.  In 2009 the Clark County Clerk started tracking the likelihood that Motions for Summary Judgment would be granted.  The emerging data backs up what we the attorneys have known for some time.  Summary Judgments are as rare as hen’s teeth. 

From July 2009, to Oct, 2010, Clark County reports that it filed 3008 Motions for Summary Judgment.  Of those Motions, only 318 were granted.  That is a dispositive result in only 10% of the filings.  Obviously, this expected rate of outcome would not be considered a real incentive to people to ask for summary disposition of their case. 

An even greater disincentive is the fact that the Clark County Clerk now imposes a fee every time a party files a Motion for Summary Judgment.  They now charge $200.00 just to slide the Motion through the clerk’s window.  I would guess that these two factors working together would all but shut down the Summary Judgment filings in the county.  And what is even more ironic is that the Judges continue to complain about how their exceptionally high caseloads cause them to be so overworked. 

With that said, I don’t see this situation changing anytime soon.  Once you are in a case, plan on being in it for the long haul, in spite of the Rule of Nevada Civil Procedure that says that Summary Judgment is a remedy that is available in this state.

GOT QUESTIONS?

These posts on the Mills & Associates Nevada Coverage & Bad Faith Law blog are published to provide useful insights on Nevada insurance law to our clients and other subscribers. Many times the topics are suggested by recent case law, or issues raised by litigation.

As part of our ongoing effort to provide both timely and helpful information, we invite all our readers to submit issues which they would like to see addressed in future blog posts. 

Likewise, please submit questions concerning prior posts.  We will do our best to provide additional information or updates on those topics.

If you would like to submit a question, or a suggestion for a future blog post, please contact us at Mail@MCMillsLaw.com.

 

THE WALLS OF NEVADA’S DRAM SHOP WONDERLAND CASTLE WITHSTAND ASSAULT

The post "THE WALLS OF NEVADA'S DRAM SHOP WONDERLAND CASTLE WITHSTAND ASSAULT" originally appearing here has been moved to the Nevada Insurance Law blog.

The post may be viewed by clicking HERE.

For convenience, ALL posts related to Nevada Dram Shop Law may be viewed by following this link: Nevada Dram Shop Law

LINKS TO ADDITIONAL BLOG POSTS OF INTEREST

On another Mills and Associates blog, we recently posted a few items which you may find of interest.

For the convenience of our Nevada Coverage and Bad Faith Law Blog readers, here are the topics and links.

 

Peremptory Challenge: When to consider and how to request a different judge

Respondeat Superior: Vicarious liability through negligent acts of employees

Negligent Hiring: Viable cause of Action in Nevada?

If you have any questions related to these or other issues of Nevada law, or if we can be of assistance in any way feel free to contact Mike Mills by email or phone (702) 240-6060.

 

DRAM SHOP WONDERLAND

The post "DRAM SHOP WONDERLAND" originally appearing here has been moved to the Nevada Insurance Law blog.

The post may be viewed by clicking HERE.

For convenience, ALL posts related to Nevada Dram Shop Law may be viewed by following this link: Nevada Dram Shop Law

INSURANCE CARRIERS MAY HAVE 10 EXTRA DAYS TO RESPOND

Although they are few and far between, there are a few perks given to insurance companies that are made Defendants in suits brought against them in Nevada. 

You may know that when an insurance company is licensed to do business in Nevada, that carrier must designate the Division of Insurance as its agent for service of process.  If a summons and complaint is filed naming an insurance company and if that complaint is served upon the Nevada Division of Insurance, the insurance carrier has 30 days to respond to the Complaint as compared to the regular 20 that most other Defendants have. 

From Nevada Revised Statutes: 

N.R.S. 680A.260  Method of serving process; extension of time to appear; record.
 1.  Service of process against an insurer for whom the Commissioner is attorney must be made by delivering to and leaving with the Commissioner, his deputy, or a person in apparent charge of his office during the Commissioner's absence, two copies of the process, together with the fee therefor as specified in N.R.S. 680B.010, taxable as costs in the action.
 2.  Upon such service the Commissioner shall forthwith mail by certified mail one of the copies of such process, with the date and time of service of the same on the Commissioner noted thereon, to the person currently designated by the insurer to receive the copy as provided in N.R.S. 680A.250. Service of process is complete when the copy has been so mailed.
 3.  Process served in the manner provided by this section for all purposes constitutes valid and binding personal service upon the insurer within this state. If summons is served under this section, the time within which the insurer is required to appear must be extended an additional 10 days beyond that otherwise allowed by Nevada Rules of Civil Procedure.
 4.  The Commissioner shall keep a record of the day of service upon him of all legal process.
 5.  For the purposes of this section, “process” includes only a summons or the initial documents served in an action. The Commissioner is not required to serve any documents after the initial service of process.

This may not seem like much, but it gives the carrier an extra few days to decide whether to file a responsive pleading, to file a motion pursuant to Rule 12 or even to remove to federal court.  These additional extra days can be important to the responding attorney, giving that counsel time to acquire a certified copy of the policy and make sure that all the appropriate defenses are asserted. 

Always remember to take advantage of this extra time allotted under the N.R.S. 

NEVADA COURT SYSTEM

The Nevada Supreme Court is the court of last resort.  The court is made up of 7 justices divided into two 3 justice panels and plus the Chief Justice. 

Nevada has no intermediate court of appeals.

District Court (Court of General Jurisdiction): 
* Nine Judicial Districts broken down geographically
* However, from a venue perspective, you can file any case in any District in Nevada.
* Civil Jurisdictional from $10,000 to unlimited
* Two most active Districts are the Second (8 civil department in Reno) and the Eighth (24 civil departments in Las Vegas)
* All judges face popular election.
* Reno and Las Vegas have a mandatory Alternative Dispute Resolution for cases of a value of $50,000 or less.  The most common ADR option is non-binding arbitration.
* Mandatory arbitration awards can be set aside by requesting a trial de novo.  Sanctions apply if you request a trial de novo and fail to improve your position at trial by more than 20%.
* In lieu of arbitration, parties can stipulate to participate in a "Short Trial" which resolves the case in less than 6 months.  Short trials are heard before a 4-6 person jury with a one day trial.

Justice Court
* Civil Jurisdiction from $0 - $10,000.00.
* You can request a Jury Trial of 6 jurors. 
* Attorney's fees awarded as costs in Justice Court.
* Appeals from Justice Court go to the District Court Judges.

Small Claims:
* A division of Justice Court.
* Civil Jurisdiction of $5,000.00 and under.
* Usually heard by a referee who makes recommendations of Findings of Fact and Conclusions of Law.