Elements of Claims and Defenses in Nevada: Stacking UIM

Stacking UIM
NRS 687B.145(1) provides in relevant part as follows:

Any provision which limits benefits pursuant to this section must be in clear language and be prominently displayed in the policy, binder or endorsement. Any limiting provision is void if the named insured has purchased separate coverage on the same risk and has paid a premium calculated for full reimbursement under that coverage.

Normally, an insured has a reasonable expectation that she will receive additional UIM indemnification for each separate UIM premium paid. When the insurer attempts to defeat this reasonable expectation, it must prove the validity of its anti-stacking provision in accordance with the requirements of NRS 687B.145(1). “The burdens of persuasion and production on the issue of the validity of an anti-stacking clause prohibiting stacking of [UIM] coverage limits rest on the insurer.”

 

Statue of Lady Justice, Virginia City, Nevada

Poems from Book of Matthew

(Mt. 2:1-2)

The Magi

Where is the One

Born King of Jews?

We’ll worship Him;

This is good news.

(Mt. 2:13-14)

Angels Sang

The angels sang

On Christmas morn−

To mankind was

A Savior born.

(Mt. 4:3-4)

Bread from Stones

The tempter said,

“Make bread from stones;”

“But man can’t live

On bread alone.”

(Mt. 4:3-4)

Jesus Responds to Satan

“Man cannot live

On bread alone,”

And He would not

Make bread from stones.

(Mt. 4:7)

Don’t Test the Lord

Don’t test the Lord;

Serve him alone;

Let God’s Word pierce

Your heart of stone.

(Mt. 5:13-15)

Salt of Earth

You’re salt of earth,

Light on a hill;

The Spirit rules

When flesh is killed.

(Mt. 5:25, 28, 7:6)

Admonitions

Settle your case,

Don’t throw pigs pearls,

Men, do not look

With lust at girls.

(Mt. 5:33-37, 6:24, Luke 16:13)

Oaths, God and Money

It is not wise

To swear an oath;

You can’t serve God

And Money both.

(Mt. 5:37)

No and Yes

Let “No” be “No;”

Let “Yes” by “Yes;”

Let people know—

Don’t make them guess.

(Mt. 5:38)

Be Perfect

Be perfect, as

Your Father is;

You are his sheep;

All sheep are his.

(Mt. 5:45)

The Lord is Fair

The Lord is fair;

He sends the rain

On millionaires

And homeless waifs.

(Mt. 6:26)

The Birds Don’t Plant

The birds don’t plant

Or reap or store

In barns, yet they’re

Fed by the Lord.

(Mt. 6:46-49)

Sand and Rock

With sand, you’ll be

A laughingstock;

Go build your house

On solid rock.

(Mt. 7:1-2)

Don’t Judge

Don’t judge, or you

Will be judged too:

What you mete out

Returns to you.

(Mt. 7:13)

The Narrow Gate

Let grudges fly,

Let go of hate:

You enter by

The narrow gate.

(Mt. 7:13)

The Narrow Gate

The narrow gate

Will get you in—

Do right by men,

Take care, shun sin.

(Mt. 7:13)

Relinquish

Relinquish sin,

Relinquish hate,

The Christian way

Is narrow, straight.

 

(Mt. 7:16)

By the Fruits

By its own fruit

You’ll know a tree;

You’ll know good men

By their good deeds.

(Mt. 7:22-23,

2 Peter 2:6-7)

Lawlessness

Men like to make

Their own rules up,

Defying God

Like vicious pups.

 

(Mt. 8:23-27)

The Wind and Waves

The wind and waves

Obeyed his words;

Of such a man

They had not heard.

 

(Mt. 9:37, Luke 10:2)

The Harvest

The harvest, great,

The workers, few,

Ask God to send

The workers through.

 

(Mt. 10:7, 16)

Be Shrewd

Be shrewd as snakes

And innocent

As doves, and preach

The Word where sent.

 

(Mt. 10:26-33)

What is Concealed

What is concealed

Will be revealed;

Pursue the Lord

With faith and zeal.

(Mt. 11:4-6)

The Blind Can See

The blind can see,

The dead are raised,

The lame can walk,

And God is praised.

 

(Mt. 11:30)

Though I Be Sad

Though I be sad,

Wear mourning cloak,

Jesus gives me

An easy yoke.

 

(Mt. 12:36, Romans 14:12,

2 Cor. 5:10)

I Count My Days

I count my days,

My days so short;

To God I’ll give

My full report.

(Mt. 13:46)

Pearl

He found a stone,

Best in the world,

Sold all he owned

To have the pearl.

(Matthew 14:13-21, Mark 6:31-44,

Luke 9:10-17 and John 6:5-15)

Feeding Five Thousand

They had two fish

And five bread loaves–

With that, Christ fed

Five thousand folks.

(Mt. 14:22-33)

He Water-Walked

He water-walked

And healed the lame,

And for my sins

He took the blame.

(Mt. 19:20, 21)

Lack

“What do I lack?”

The rich man asked;

“Sell what you own—

That is your task.”

(Mt. 20:29-34)

Jesus Heals Two Blind Men
“We want our sight,”

Said two blind men;

He touched their eyes,

They saw again.

(Mt. 21:22)

If You Believe

As you may pray,

If you believe,

What you ask for,

You will receive.

 

(Mt. 22:11-14)

No Wedding Clothes

How is it, man,

No wedding clothes?

Guards, tie him up

And out he goes.

 

(Mt. 24:42)

The End Will Come

The end will come,

So stay awake

And you’ll be strong

When mountains quake.

 

(Mt. 25:1-13)

Five Virgins

Five virgins kept

Their lamps’ oil high

But five did not—

The Groom passed by.

(Mt. 25:21)

How Do You Know?
How do you know

When you have won?

When Jesus says,

“Well done, my son.”

(Mt. 26:75, Luke 22:62)

Peter Wept

While Romans, Greeks

And Arabs slept,

A rooster crowed

And Peter wept.

(Mt. 27:1-5)

Judas

For silver I’ve

Betrayed the Lord;

A sin like this

I can’t afford.

(Mt. 27:34, Mark 15:39)

The Soldier Saw

The soldier saw

Him crucified

And knew that Love

In flesh had died.

(Mt. 27:35, Malachi 3:8-12)

They Threw Dice

Then, they drew dice

For Jesus’ robe;

Now, men rob God

Around the globe.

(Mt. 27:38, Mark 15:27,

Luke 23:39)

Side by Side with Jesus

A rebel and

A common thief:

One mocked and scoffed;

One gained belief.

(Mt. 27:51)

The Torn Veil

When Jesus died,

The veil was torn;

To know Him, you

Must be reborn.

 

(Mt. 27:54, Mark 15:39)

The Soldier’s Revelation

The soldier said,

“He is divine,”

As Jesus bled

Incarnadine.

 

(Mt. 28:19-20)

To Nations Preach

To nations preach,

Proclaim the Word

To places where

No one has heard.

(Mt. 28:20)

I’m with You

And surely I’m

With you each day

Down to the end

Of the whole age.

Elements of Claims and Defenses in Nevada by Day Williams: “Strict Liability”

Statue of Lady Justice, Virginia City, Nevada

 

 

Strict Liability

To present a prima facie case for strict liability in tort, a plaintiff must establish that her injuries were caused by a defect in the product, and that the defect existed when the product left the defendant’s control.[1] Under Nevada law, “strict liability may be imposed even though the product is faultlessly made if it was unreasonably dangerous to place the product in the hands of the user without suitable and adequate warning concerning safe and proper use.”[2] Inherent in this doctrine is that “a product must include a warning that adequately communicates the dangers that may result from its use or foreseeable misuse.” More particularly, in Fyssakis v. Knight Equipment Corp.,[3] the Nevada Supreme Court held that adequacy of warnings was an issue of fact for the jury where an industrial strength soap manufacturer’s warnings did not alert the user that the soap could cause blindness.

Allison v. Merck and Company,[4] a district court entered summary judgment in favor of a manufacturer of a children’s vaccine. The Nevada Supreme Court reversed in light of their conclusion that the drug manufacturer was required to adequately warn parents of possible side effects of immunization, including blindness, deafness or mental retardation. Accordingly, the Nevada Supreme Court held that a general warning that an inoculated child could encounter rashes and possible brain inflammation was arguably inadequate and issues of fact remained as to the sufficiency of the warnings given. In remanding the Allison case for trial on the adequacy of the warnings, the Nevada Supreme Court rejected the notion that a drug manufacturer could, via a general warning, avoid liability as a matter of law, even where the product was either reasonably or unavoidably unsafe.

Warnings in the context of products liability claims must be (1) designed to reasonably catch the consumer’s attention, (2) that the language be comprehensible and give a fair indication of the specific risks attendant to use of the product, and (3) that warnings be of sufficient intensity justified by the magnitude of the risk.[5]

 


[1] Shoshone Coca-Cola Bottling Co. v. Dolinski, 82 Nev. 439, 420 P.2d 855 (1966).

[2] Lewis v. Sea Ray Boats, Inc., 119 Nev. 100, 107, 65 P.3d 245 (2003).

[3] 108 Nev. at 214, 826 P.2d at 571-72.

[4] 110 Nev. 762, 878 P.2d 948 (1994).

[5] Lewis v. Sea Ray Boats, Inc., 119 Nev. 100, 107, 65 P.3d 245 (2003).

 

Oklahoma is OK

OKLAHOMA 

 

‘Be who you are and say what you feel, because those that matter – don’t mind… And those that mind – don’t matter.’

 

Oklahoma is the only state that Obama did not win even one county in the last election…

 

While everyone is focusing on Arizona ‘s new law, look what Oklahoma has been doing,

 

 

 

Oklahoma law passed, 37 to 9 an amendment to place the Ten Commandments on the front entrance to the state capitol. The feds in D.C., along with the ACLU, said it would be a mistake. Hey this is a conservative state, based on Chris tian values…. HB 1330

 

Guess what………. Oklahoma did it anyway.

 

 

Oklahoma recently passed a law in the state to incarcerate all illegal immigrants, and ship them back to where they came from unless they want to get a green card and become an American citizen. They all scattered. HB 1804. This was against the advice of the Federal Government, and the ACLU, they said it would be a mistake.

 

Guess what………. Oklahoma did it anyway.

 

Recently we passed a law to include DNA samples from any and all illegal’s to the Oklahoma database, for criminal investigative purposes. Pelosi said it was unconstitutional SB 1102

 

Guess what……… Oklahoma did it anyway.

 

Several weeks ago, we passed a law, declaring Oklahoma as a Sovereign state, not under the Federal Government directives. Joining Texas , Montanaand Utah as the only states to do so.

 

More states are likely to follow: Louisiana, Alabama, Georgia, the Carolina’s, Tennessee, Kentucky, Missouri, Arkansas, West Virginia, Mississippi and Florida . Save your confederate money, it appears the South is about to rise up once again. HJR 1003

 

The federal Government has made bold steps to take away our guns. Oklahoma , a week ago, passed a law confirming people in this state have the right to bear arms and transport them in their vehicles. I’m sure that was a set back for the criminals The Liberals didn’t like it — But ….

 

Guess what……….. Oklahoma did it anyway .

 

 

Just this month, the state has voted and passed a law that ALL driver’s license exams will be printed in English, and only English, and no other language. They have been called racist for doing this, but the fact is that ALL of the road signs are in English only

 

If you want to drive in Oklahoma , you must read and write English. Really simple.

 

By the way, the Liberals don’t like any of this either

 

Guess what…who cares… Oklahoma is doing it anyway.

Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010

Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010
From Wikipedia, the free encyclopedia

Sponsors: Rep. Howard Berman (H.R. 2194) and Senator Chris Dodd (S. 2799). Senator Evan Bayh sponsored the related (S. 908).
The Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (Pub.L. 111-195, 124 Stat. 1312, enacted July 1, 2010; CISADA) is a law passed by the U.S. Congress that applies further sanctions on the government of Iran.
CISADA extended U.S. economic sanctions placed on Iran] under the Iran Sanctions Act of 1996 and punishes companies and individuals who aid Iran’s petroleum sector. This increased pressure is part of the larger campaign over the Iranian nuclear program, and aims to target Iranian dependence on imports for its gasoline needs.[1] The act was passed by the House (408-8) and Senate (99-0) on June 24, 2010[2] and signed into law by President Obama on July 1, 2010.[3]