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Full-Text Articles in Law

Holding Liability Insurers Accountable For Bad Faith Litigation Tactics With The Tort Of Abuse Of Process, Francis J. Mootz Iii Jan 2003

Holding Liability Insurers Accountable For Bad Faith Litigation Tactics With The Tort Of Abuse Of Process, Francis J. Mootz Iii

Scholarly Works

Liability insurers generally do not owe any common law duties to injured third-party claimants who sue their insureds. After establishing (as a conceptual backdrop) the important and recognized public policies favoring prompt and fair payments by liability insurers to injured third-party claimants, this article analyzes whether claimants can effectively use the tort of abuse of process to hold liability insurers accountable when they engage in bad faith litigation tactics. The article identifies the problems that claimants may face in alleging abuse of process in the liability insurance setting, but also indicates that recent trends in this area of law suggest …


Symposium, Justice And Democracy Forum: The Law And Politics Of Tort Reform, Ann C. Mcginley Jan 2003

Symposium, Justice And Democracy Forum: The Law And Politics Of Tort Reform, Ann C. Mcginley

Scholarly Works

On April 25, 2003, the University of Nevada, Las Vegas (“UNLV”) Center for Democratic Culture (“CDC”) and the William S. Boyd School of Law sponsored a one-day symposium addressing issues of tort reform. In particular, the Forum addressed concerns regarding construction defect litigation and medical malpractice, two areas of current and substantial concern in Nevada. As reflected in the discussion at the Forum, both topics received considerable attention from the Nevada State Legislature during its 2003 Session. Ultimately, the legislature enacted amendments to state statutes governing claims for defective construction. Despite significant lobbying by physicians and insurers, the legislature did …


Summary Of Vermef V. Boulder City, 119 Nev. Adv. Rep. 60, Justen Ericksen Jan 2003

Summary Of Vermef V. Boulder City, 119 Nev. Adv. Rep. 60, Justen Ericksen

Nevada Supreme Court Summaries

Appeal from a district court order granting summary judgment in favor of the city after a homeowner filed a claim alleging faulty construction of a drainage channel was the proximate cause of flood damage to his house.