Mid-Century Ins. Co. Vs. Dist. Ct. (Olson)

Nevada Supreme Court

Mid-Century Ins. Co. Vs. Dist. Ct. (Olson)

Nevada Supreme Court·Decided March 17, 2020·No. 80298·Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

MID-CENTURY INSURANCE No. 80298 COMPANY; AND FARMERS INSURANCE EXCHANGE, Petitioners, vs. 7c

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THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, N1 AR 1 7 21 IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE CLE- ' RT

MARK R. DENTON, DISTRICT JUDGE, BY DEPUTY

Respondents, and LAYNE OLSON, AN INDIVIDUAL, AND AS ASSIGNEE OF ELIZABETH MCFETRIDGE; AND TRAVIS STRODE INSURANCE COMPANY, INC., Real Parties In Interest.

ORDER DENYING PETITION

This original petition for a writ of prohibition or mandamus challenges district court orders denying summary judgment in favor of petitioners and granting partial summary in favor of real parties in interest in an insurance breach of contract and bad faith action.

Having considered the petition and its documentation, we are not persuaded that our extraordinary and discretionary intervention is warranted. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (observing that the party seeking writ relief bears the burden of showing such relief is warranted); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). Generally,

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we will not consider writ petitions challenging orders denying summary judgment or those challenging grants of partial summary judgment, and we are not persuaded that any exception to the general rule applies here. Renown Reel Med. Ctr. v. Second Judicial Dist. Court, 130 Nev. 824, 828, 335 P.3d 199, 202 (2014) (addressing petitions challenging grants of partial summary judgment); Smith v. Eighth Judicial Dist. Court, 113 Nev. 1343, 1344-45, 950 P.2d 280, 281 (1997) (addressing petitions challenging denials of summary judgment). Accordingly, we ORDER the petition DENIED.

P efimA , C.J.

Pickering

J.

Gibbo s

J.

Silver

cc: Hon. Mark R. Denton, District Judge The Feldman Firm, P.C. Vannah & Vannah Eighth District Court Clerk

SUPREME COURT OF NEVADA

2

(0) 1947A

:•;•

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IN THE SUPREME COURT OF THE STATE OF NEVADA

MID-CENTURY INSURANCE No. 80298 COMPANY; AND FARMERS INSURANCE EXCHANGE, Petitioners, vs. 7c

4

9

THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, N1 AR 1 7 21 IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE CLE- ' RT

MARK R. DENTON, DISTRICT JUDGE, BY DEPUTY

Respondents, and LAYNE OLSON, AN INDIVIDUAL, AND AS ASSIGNEE OF ELIZABETH MCFETRIDGE; AND TRAVIS STRODE INSURANCE COMPANY, INC., Real Parties In Interest.

ORDER DENYING PETITION

This original petition for a writ of prohibition or mandamus challenges district court orders denying summary judgment in favor of petitioners and granting partial summary in favor of real parties in interest in an insurance breach of contract and bad faith action.

Having considered the petition and its documentation, we are not persuaded that our extraordinary and discretionary intervention is warranted. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (observing that the party seeking writ relief bears the burden of showing such relief is warranted); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). Generally,

-to - 04 fr

we will not consider writ petitions challenging orders denying summary judgment or those challenging grants of partial summary judgment, and we are not persuaded that any exception to the general rule applies here. Renown Reel Med. Ctr. v. Second Judicial Dist. Court, 130 Nev. 824, 828, 335 P.3d 199, 202 (2014) (addressing petitions challenging grants of partial summary judgment); Smith v. Eighth Judicial Dist. Court, 113 Nev. 1343, 1344-45, 950 P.2d 280, 281 (1997) (addressing petitions challenging denials of summary judgment). Accordingly, we ORDER the petition DENIED.

P efimA , C.J.

Pickering

J.

Gibbo s

J.

Silver

cc: Hon. Mark R. Denton, District Judge The Feldman Firm, P.C. Vannah & Vannah Eighth District Court Clerk

SUPREME COURT OF NEVADA

2

(0) 1947A

:•;•

Mid-Century Ins. Co. Vs. Dist. Ct. (Olson), (Neb. 2020).

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