Strategies, Challenges, and Answers

Nevada Follows The “Initial Permission” Rule When Dealing With Questions Of Permissive Use

Neavda Follows The “Initial Permission” Rule Normally, it is easy to know whether the person whose name is on the auto insurance policy has liability coverage when operating his or her insured car. But that analysis becomes more difficult when the driver is not a named insured. Nevada Law requires that a liability insurance policy must extend to any person that is operating the vehicle with the “express or implied permission of the named insured.” NRS 485.3091(1)(b). The “omnibus clause in most insurance policies allow for this type of coverage. Even so, the issue of “implied permission” can be tricky.

The case of U.S. Fid. & Guar. Co. v. Fisher, 88 Nev. 155, 494 P.2d 549 (1972) deals with the issue of permissive use of a vehicle and the scope of coverage under the omnibus clause of an insurance policy. In that case, the insurance company issued an auto policy to Ms. Link. Ms. Link allowed Mr. Fisher to use her car from time to time to run errands.

Ms. Link was going on vacation. She asked Mr. Fisher to take her to the airport and then to park her car in his driveway while she was away. She told Mr. Fisher that he could move the car in case of an

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Nevada’s Auto Liability Compulsory Insurance Minimums To Rise

Increase in Minimum Limits

I have been practicing law in Nevada for nearly 30 years. For as long as I can remember, Nevada has required autos registered in this state to have bodily injury automobile liability insurance of at least $15,000 per person / $30,000 per occurrence.  … [Continue reading]

Not Everyone Agrees That Nevada Will Follow Majority Rule Dismissing Negligent Entrustment / Supervision / Training Where Motor Carrier Admits Course And Scope

Negligent Entrustment

Readers of the Nevada Trucking Law Blog know that Nevada Supreme Court has yet to decide whether claims of negligent hiring, training, supervision or retention can survive once an employer has admitted its employee driver was in the course and scope … [Continue reading]

The Nevada Court of Appeals Follows a Push-Down Model

At the time that the Nevada Law Blogs last treated the Nevada Court System, there was no Nevada Court of Appeals. Since then, things have changed. So how about an update regarding appeals in Nevada.In 2014, the Nevada voters approved the creation … [Continue reading]

Las Vegas…Thoughts and Prayers

All of us at BLWM appreciate those around the country who are praying for us in Las Vegas.  We are grateful for all the support and concern. The caring emails, texts, and phone calls are too numerous to count.I am thankful that my family was not … [Continue reading]