Strategies, Challenges, and Answers

Does Nevada Follow The Made-Whole Doctrine In The Context of Auto Coverage?

Made Whole Doctrine

A local insurance adjuster asks whether the “made-whole” doctrine applies in Nevada in the auto subrogation context.  This is one more great question the that is addressed by the Nevada Law Blogs.  However, as you will see, the answer is tremendously confusing.

In 2005, the Nevada Supreme Court enthusiastically embraced the concept of the made-whole doctrine.  The case of Canfora v. Coast Hotels & Casinos, Inc., 121 Nev. 771, 121 P.3d 599 (2005) was a fight as to how much the Plaintiff’s employer’s health care trust would get of settlement that the injured plaintiff had negotiated with the tortfeasor.

The Court describes the made-whole doctrine as “a general equitable principle of insurance law that prevents an insurance company from enforcing its subrogation rights before the insured has been fully reimbursed for their losses.121 P.2d at 604. The Court explains that the doctrine limits an insurance plan’s subrogation rights where an insured has not received compensation for his total loss. Id. quoting Cagle v. Bruner, 112 F.3d 1510, 1521 (11th Cir. 1997). [Continue reading]

Is Your Company’s Intra-Family Auto Liability Exclusion Enforceable?

Teen Driver - Car Accident

Nevada law authorizes insurance companies to enforce exclusions that limit or eliminate intra-family liability for bodily injuries. NRS 687B.147. Or so said the Nevada Supreme Court in Progressive Gulf Ins. Co. v. Faehnrich, 130 Nev. Adv. Op. 19, 327 … [Continue reading]

Nevada Law Blogs See Lots Of Insightful Comments On Nevada’s Cumis Counsel Case

LI Comments 1

Regular readers of the Nevada Law Blogs have followed our summaries of all of the briefs filed in the Nevada case of State Farm Mut. Auto. Ins. Co. v. Hansen, Nevada Supreme Court Case No. 64484.  Hopefully, the Hansen case will tell us if Nevada … [Continue reading]

Mike Mills Admitted To Arizona State Bar

Arizona State Bar

The Arizona Strip is nothing like the Las Vegas Strip! The world knows the Las Vegas Strip as a place of glamour and glitz.  In contrast, few even know of the Arizona Strip or how important it is to transportation in the U.S. The Arizona Strip … [Continue reading]

Avoid UM / UIM Stacking By Meeting These Three Requirements


Nevada law authorizes auto insurance companies to avoid stacking their uninsured / underinsured motorist coverage. But before a court will enforce a policy’s anti-stacking provision the company must meet three requirements. See Neumann v. Standard … [Continue reading]