Sarah Odia and Scott Thomas | Payne & Fears 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 duty to defend the insured, as long as… Continue reading Nevada Insureds Can Rely on Extrinsic Facts to Show that An Insurer Owes a Duty to Defend
Tag: Nevada
Nevada Supreme Court Rules Insured Must Prove Coverage Owed in Construction Defect Litigation
Jim Sams | Claims Journal At least 14 construction defect lawsuits have been filed against developers and subcontractors that built thousands of Nevada homes. Two insurers issued commercial liability policies to cover such claims, but they didn’t agree on whether a prior-damage clause in one of the policies excluded coverage. Two U.S. District Court judges… Continue reading Nevada Supreme Court Rules Insured Must Prove Coverage Owed in Construction Defect Litigation
Nevada’s Common Law Meaning of the Term “Substantial Completion” in the Statute of Repose
William Doerler | The Subrogation Strategist Statutes of repose establish a legislature’s determination of when defendants should be free from liability. As set forth in Nevada Revised Statute (NRS) 11.202, the statute of repose for construction improvements in Nevada is six years after “substantial completion.” In Somersett Owners Ass’n v. Somersett Dev. Co., 492 P.3d 534… Continue reading Nevada’s Common Law Meaning of the Term “Substantial Completion” in the Statute of Repose
May the Nevada Legislature Constitutionally Revise the Rules of Civil Procedure?
Michael Lowry, Esq. and Nathaniel Saxe | Nevada Lawyer On March 1, 2019, Nevada’s revised rules of civil procedure took effect after a lengthy editing process. Some of the changes were generally supported, while others were enacted over dissent. In at least one instance, the dissenters took their proposed changes to the subsequent Legislature and… Continue reading May the Nevada Legislature Constitutionally Revise the Rules of Civil Procedure?
Nevada Legislative Update: August 2019
Edward Garcia and Brittany Walker | Holland & Hart | August 30, 2019 CONSTRUCTION AB 421 amends the laws governing residential construction defects. Key changes include extending the statute of repose from six to ten years and no longer requiring an expert to be present at an inspection concerning an alleged construction defect. Proponents of… Continue reading Nevada Legislative Update: August 2019