Prior to the recent opinion of Delgado v. American Family Ins. Group, 125 Nev. 564, 217 P.3d 563 (2009), the law seemed clear on the issue of whether a passenger could recover liability benefits and underinsured motorist (UIM) benefits from the same policy. In the prior Nevada Supreme Court opinions of Peterson v. Colonial Insurance Co., 100 Nev. 474, 686 P.2d 239 (1984), and Baker v. Criterion Insurance, 107 Nev. 25, 805 P.2d 599 (1991) the Court had said that it would not allow a recovery on … [Read more...]
Archives for January 2010
“You Heard It Right The First Time!” The Nevada Supreme Court Reaffirms and Clarifies the Salas Decision In Hall V. Enterprise Leasing Co.
January 11, 2010 by
In a previous blog post HERE, we discussed the case of Alamo Rent-A-Car v. State Farm. The Alamo decision concluded that as between the personal liability coverage of the driver and the statutorily created rental car coverage or self-insurance of NRS 482.305(1), the personal liability coverage of the driver is primary. Unanswered in the Alamo opinion was what would happen if the claimant’s damages were to exceed the policy limit of the driver’s personal policy. That issue was addressed in … [Read more...]
