Posts tagged Insurance Bad Faith

• Expert Witness Fees or Windfalls?

  Steve Klearman | March 23, 2007 6:52 AM | 2 CommentsReno, NV Category: Defective & Dangerous Products
  

  Nevada medical malpractice cases were put on the road to extinction several years ago by a voter-approved initiative that restricted lawsuits to such an extent that many attorneys stopped practicing in this area altogether.I still do and will continue to. But I've noticed that as medical malpractice lawsuits have become more limited, doctor's expert fees have continued to spiral. Several days...

• Get Records from Nevada Doctors

  Steve Klearman | May 09, 2007 8:57 AM | 1 CommentReno, NV Category: Defective & Dangerous Products
  

  As I've pointed out many times now, there is a one-year statute of limitations in many Nevada medical malpractice cases.This means that if you request your medical records from your doctor, you should not let your doctor's office delay provision of records for more than a week or two.Undue delay in obtaining records could compromise your ability to bring your case. If you have problems getting...

• How Private is Your Health Information?

  Steve Klearman | December 14, 2006 2:20 PM | 1 CommentReno, NV Category: Defective & Dangerous Products
  

  This will be an ongoing topic starting today. As a technology-obsessed attorney, our privacy as healthcare consumers interests (distresses) me.A recent example: I had a small, simple auto accident case in which my client was the passenger in a vehcle that was hit. Clear liability any way you look at it. My client broke bones. Her only medical claim related to those broken bones. ...

• Evidentiary Privileges in Nevada

  Steve Klearman | November 30, 2006 8:59 AM | 1 CommentReno, NV Category: Defective & Dangerous Products
  

  The evidentiary concept of "privilege" protects certain types of disclosures in certain situations.NRS 49.015 provides, generally:49.015. Privileges recognized only as provided1. Except as otherwise required by the Constitution of theUnited States or of the State of Nevada, and except as provided inthis Title or Title 14 of NRS, no person has a privilege to:(a) Refuse to be a witness;(b) Refuse...

• South Dakota Jail for Judges Initiative

  Steve Klearman | October 18, 2006 9:45 AM | 1 CommentReno, NV Category: Defective & Dangerous Products
  

  Ever wonder what sort of recourse you have against a judge?There's a fascinating and disturbing constitutional amendment on South Dakota's November ballot.Here's an editorial dated October 17, 2006 from the Press & Dakotan, which can be found at http://www.yankton.net/stories/101706/opEd_796101706.shtml:South Dakota's proposed Constitutional Amendment E -- the so-called J.A.I.L. amendment -- on...

• Nevada Equitable and Legal Claims at Trial

  Steve Klearman | February 15, 2008 10:10 AM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  On December 27, 2007 the Nevada Supreme Court clarified in Awada v. Shuffle Master, Inc., 123 Nev. Adv. Op. No. 57, the manner in which a Nevada District Court may handle mixed claims for legal and equitable relief at trial and found as follows:In this appeal, we consider the primary issue of whether a district court has the authority to bifurcate the legal and equitable claims presented in a...

• Update on Nevada Allstate Attorney Misconduct Case

  Steve Klearman | February 14, 2008 10:00 AM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  In the ongoing squabble over Allstate defense attorney Phil Emerson's repeated misconduct in arguing cases at trial, the Nevada Supreme Court rendered its latest decision on January 17, 2008.In its introduction to Lioce v. Cohen, 124 Nev. Adv. Op. No. 1, the Court stated:On December 28, 2006, this court issued an opinion in these consolidated appeals.[2] The defendants in each of the four...

• Allstate Gets the Boot in Florida

  Steve Klearman | January 18, 2008 9:05 AM | 0 CommentsReno, NV Category: Automobile Accidents
  

  Here's a plug for Trial Guides at www.trialguides.com. The following interesting news comes from their enewsletter of today's date.This week, Florida Insurance Commissioner Kevin McCarty announced that he is suspending Allstate Insurance companies from writing new insurance in Florida. McCarty's choice follows Allstate's refusal to comply with subpoenas served October 16 by the Office of...

• Deleted Emails and Production

  Steve Klearman | December 26, 2007 10:12 AM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  Ah the new and complicated world of how email production is handled by courts.Scott Roseland, at cybercontrols (www.cybercontrols.net), cites to Benton v. Dlorah, Inc., 2007 U.S. Dist. D. Kan, Oct. 30, 2007. There, the plaintiff informed defendant at her deposition that she had deleted e-mails, and defendant filed a motion to compel plaintiff to produce relevant documents, to produce her hard...

• No Private Right of Action Under Prompt Pay Law

  Steve Klearman | November 29, 2007 12:15 PM | 0 CommentsReno, NV Category: Miscellaneous
  

  The Nevada Supreme Court examined Nevada's so-called "prompt-pay" statute, NRS 690B.012, in a decision dated November 21, 2007. See, Allstate Ins. Co. v. Thorpe, 123 Nev. Adv. Op. No. 52. That statute "requires casualty insurers to approve and pay, or deny, casualty claims, including claims for medical payment benefits, within a limited time frame. Under the statute, an insurer must pay...