Tuesday, April 5, 2022 - Full Court

St. Paul Fire & Marine Insurance Company vs. National Union Fire Insurance of Pittsburgh, PA  
Docket Number: 81344
Las Vegas - 10:00 am - Full Court

Appellant St. Paul Fire & Marine Insurance Company provided an excess policy to a nonparty insured.  Respondent National Union Fire Insurance Company provided an excess policy to respondent Marquee Nightclub that also covered appellant’s nonparty insured as an additional named insured.  In a separate lawsuit, appellant’s insured was held jointly and severally liable under a vicarious-liability theory for respondent Marquee’s negligent and intentional torts after the jury returned a verdict in excess of the nonparty insured’s combined policy limits.  The parties reached a post-verdict, pre-judgment settlement that exhausted the insurers’ combined policy limits.  Appellant now subrogates its insured’s bad-faith and breach-of-contract claims against respondent National Union and its insured’s contractual indemnification and statutory contribution claims against respondent Marquee to recover the amount appellant contributed to the post-verdict, pre-judgment settlement on behalf of its insured.  Appellant also seeks contribution against respondent National Union for the same amount.  The district court granted summary judgment to respondents in two separate orders both certified as final under NRCP 54(b).

ISSUES:

On appeal, appellant argues: (1) it may subrogate its insured’s bad-faith and breach-of-contract claims against respondent National Union, regardless of what level of coverage the insurers offer; (2) it may seek contribution against respondent National Union for the policy-limits amount paid to settle the mutual insured’s liability; (3) it may recover via subrogation the amount paid toward the settlement based on respondent Marquee’s indemnification promise in a contract between the insured’s subsidiary and respondent Marquee, or to the extent respondent’s indemnity promise does not apply, based on the right of contribution in NRS 17.225.

Disclaimer:

This synopsis is intended to provide only general information about this case before the Nevada Supreme Court.  It is not intended to be all-inclusive or reflect all positions of the parties.  To access the documents that have been filed in this matter, type the docket number into the court’s case search page: https://caseinfo.nvsupremecourt.us/public/caseSearch.do

Highland Partners NV LLC vs. District Court (Melech)
Docket Number: 83393
Las Vegas - 10:30 am - Full Court

The underlying matter involves marijuana licenses granted to CWNevada, a company under receivership.

ISSUES:

Petitioners are creditors that submitted documents in support of their claims of security interests in the receivership matter. The receiver moved the district court to grant partial summary judgment and find that petitioners did not hold valid and perfected security interests in CWNevada’s marijuana licenses, which the district court granted. Petitioners now seek a writ of mandamus, arguing that the district court erred as a matter of law.

Disclaimer:

This synopsis is intended to provide only general information about this case before the Nevada Supreme Court.  It is not intended to be all-inclusive or reflect all positions of the parties.  To access the documents that have been filed in this matter, type the docket number into the court’s case search page: https://caseinfo.nvsupremecourt.us/public/caseSearch.do