It’s been said that in business, silence isn’t golden, it’s deadly. The same holds true for insurance, where communication with your insurer (or the lack thereof) can be the difference between coverage or a denial....more
On June 3, 2023, Nevada Gov. Joe Lombardo signed into law AB 398 (the Act) which modifies the Nevada insurance code by restricting the types of liability policies that can be offered in the state. The End of Eroding Limits...more
On Jan. 5, 2023, the FTC proposed a new rule that would prohibit employers from imposing non-compete agreements on their workers. The new rule would apply to new and existing non-compete agreements....more
When COVID-19 ground the world to a halt, policyholders and insurance-coverage attorneys made predictions about the effectiveness of insurance against coronavirus-related losses. And the outlook wasn’t great. This article...more
11/9/2021
/ Business Interruption ,
Commercial Insurance Policies ,
Commercial Property Owners ,
Coronavirus/COVID-19 ,
Infectious Diseases ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Loss Coverage ,
Policy Exclusions ,
Property Insurance
On Oct. 28, 2021, the Nevada Supreme Court in Zurich American Insurance Company v.. Ironshore Specialty Insurance Company, 137 Nev. Adv. Op. 66, held that an insured can rely on extrinsic facts to show that an insurer has a...more
In an insurance recovery case being handled by Payne & Fears partners Scott Thomas and Sarah Odia, an Arizona federal court, applying Nevada law, recently held that NGM Insurance Company breached its duty to defend its...more
The 81st session of the Nevada legislature concluded on June 1, 2021. There are several new laws that have immediate impact for Nevada employers. This article highlights some of the more important changes....more
The Nevada Supreme Court held that insurers may seek reimbursement of defense costs if a court determines that it owed no duty to defend and the insurer reserved reimbursement rights.
In Nautilus Insurance Company v....more
The Nevada Supreme Court held that courts may change or “blue-pencil” an unreasonably restrictive non-compete agreement to make it enforceable if the agreement contains a provision allowing the modification of unenforceable...more
Using a carrot-and-stick approach, Nevada’s new law limits civil liability for personal injury or death resulting from COVID-19 for most businesses in exchange for compliance with controlling COVID-19 health standards....more
8/17/2020
/ Bodily Injury ,
Business Licenses ,
Business Litigation ,
Civil Liability ,
Compliance ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Gross Negligence ,
Immunity ,
License Suspensions ,
Nevada ,
Public Accommodation ,
Public Health ,
Sick Customers ,
Sick Employees ,
Wrongful Death
In Garcia v. Awerbach, 136 Nev. Adv. Op. 27 (May 21, 2020), the Supreme Court of Nevada reinstated a severe discovery sanction against a defendant who withheld a critical insurance claims note. In doing so, the Supreme Court...more
5/28/2020
/ Appeals ,
Car Accident ,
Discovery ,
Failure To Disclose ,
Insurance Claims ,
Insurance Litigation ,
Negligent Entrustment ,
NV Supreme Court ,
Punitive Damages ,
Redacted Documents ,
Reversal ,
Sanctions ,
Scope of Discovery Requests
With non-essential businesses in many states either closed or operating in a limited capacity due to COVID-19, many companies are unable to perform existing contracts. While the basic premise under most U.S. law is that...more
The #MeToo movement and recent wave of sexual harassment claims against high-profile indivduals has greatly increased scrutiny of the use of nondisclosure agreements in settlement agreements involving sexual misconduct...more
In a win for residential developers seeking an alternative forum to resolve construction-defect claims, the Nevada Supreme Court rules that arbitration agreements in CC&Rs are enforceable. Based on the following, the court...more
4/13/2018
/ Arbitration Agreements ,
Binding Agreements ,
CC&Rs ,
Common-Interest Communities ,
Construction Defects ,
Enforceability ,
Federal Arbitration Act ,
Federal v State Law Application ,
Homeowners ,
Housing Developers ,
Interstate Commerce ,
Motion to Compel ,
NV Supreme Court ,
Preemption ,
Residential Real Estate Contracts ,
Reversal ,
Unconscionable Contracts
In a case of first impression in the Ninth Circuit, Benjamin v. B&H Education, No. 15-17147 (9th Cir. December 19, 2017), the Ninth Circuit Court of Appeals adopted the “primary beneficiary test” to determine whether...more
In a case of first impression in Nevada, Neville v. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 95 (Dec. 7, 2017), the Nevada Supreme Court held that employees have a private right of action to recoup unpaid wages under...more
The Ninth Circuit Court of Appeals recently rejected the U.S. Department of Labor’s (“DOL”) tip-credit guidance, commonly known as the “80/20 rule,” as well as its guidance on tasks unrelated to a tipped occupation. The...more
Nevada’s Pregnant Workers’ Fairness Act (NPWFA) expands the scope of protections provided to female employees for conditions related to pregnancy, childbirth, or a related medical condition. The NPWFA takes effect on October...more
With the February 24, 2015, enactment of Assembly Bill 125 (2015 Nevada Laws, Ch. 2), much has changed in the world of residential construction defect litigation. One of the most dramatic shifts has been the reduction of the...more
8/30/2017
/ Constitutional Challenges ,
Construction Defects ,
Construction Industry ,
Due Process ,
Equal Protection ,
Grace Period ,
Limitation Periods ,
New Legislation ,
NV Supreme Court ,
Residential Property Owners ,
Retroactive Application ,
Statute of Repose