John Mark Goodman | BuildSmart Last week we saw the Menard court reject the use of an indemnity clause to shift fees in a dispute between contracting parties. This week, a very recent decision from Nevada highlights another creative way to shift fees where there is no statute or contract provision on point: offers of judgment (see Helix Electric… Continue reading The American Rule Doesn’t Stand: Contractor Uses Offer of Judgment to Recover Attorneys’ Fees in Retention Dispute
Tag: Nevada
Nevada Supreme Court Holds that Pay-If-Paid Provisions Require a Case-By-Case Analysis to Determine Their Enforceability
Petar Angelov | Bradley Arant Boult Cummings A “pay-if-paid” provision typically makes payment by an owner to a general contractor a condition precedent to the general contractor’s obligation to pay a subcontractor for work the subcontractor has performed. In the recent decision of Helix Electric of Nevada, LLC v. APCO Construction, Inc. (related to the case above),… Continue reading Nevada Supreme Court Holds that Pay-If-Paid Provisions Require a Case-By-Case Analysis to Determine Their Enforceability
Nevada Supreme Court Holds That Insureds Can Use Extrinsic Evidence to Prove Duty to Defend
Bethany L. Barrese | Saxe Doernberger & Vita The recent Nevada Supreme Court ruling in Zurich American Insurance Company v. Ironshore Specialty Insurance Company benefits insureds seeking to establish an insurer’s duty to defend. As a matter of first impression, the court clarified that insureds have the burden to prove that an exception to a policy exclusion… Continue reading Nevada Supreme Court Holds That Insureds Can Use Extrinsic Evidence to Prove Duty to Defend
Nevada Insureds Can Rely on Extrinsic Facts to Show that An Insurer Owes a Duty to Defend
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
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