September 4, 2025, Oral Arguments
North River Ins. Co. vs. James River Ins. Co. (NRAP 5)
Las Vegas – 10:00 a.m. – Full Court
Amazon.com Servs., LLC vs. Malloy (NRAP 5)
Las Vegas– 11:00 a.m. – Full Court
North River Ins. Co. vs. James River Ins. Co. (NRAP 5)
Docket No. 89228
Las Vegas – 10:00 a.m. – Full Court
Appellant North River Insurance Co. (an excess insurer) and respondent James River Insurance Co. (a primary insurer) issued an insurance policy to their mutual insured. The insured was sued in Nevada state court and James River agreed to defend the suit. James River rejected three settlement offers at or below its $1 million policy limit. The case eventually settled for $5 million, with James River paying its policy limit and North River paying $4 million from its $10 million excess policy. North River sued James River in California federal court for equitable subrogation to recoup its $4 million. Relying on two unpublished Nevada cases, the federal district court determined that equitable subrogation was barred under Nevada law in these circumstances. On appeal, the Ninth Circuit certified a question to this court pursuant to NRAP 5: “Under Nevada law, can an excess insurer state a claim for equitable subrogation against a primary insurer where the underlying lawsuit settled within the combined policy limits of the insurers?”
Amazon.com Servs., LLC vs. Malloy (NRAP 5)
Docket No. 89314
Las Vegas– 11:00 a.m. – Full Court
Nevada resident Dwight Malloy filed a putative class action against Amazon.com Services, LLC (Amazon), alleging Amazon violated Nevada’s wage-hour statutes when it failed to pay Malloy and similarly situated workers for the time they took taking mandatory pre-shift COVID-19 screenings before each shift of work. Amazon’s position is that the pre-shift COVID-19 screenings did not constitute compensable work under the federal Portal to Portal Act (PPA). The United States District Court for the District of Nevada then certified the following question to this court: “Does Nevada law incorporate the PPA?”