Strategies, Challenges, and Answers

Archives for April 2015

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

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 … [Read more...]

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

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 P.3d 1061 (2014). However, as we mentioned in our explanation of Faehnrich, the Court made only a passing reference to NRS 687B.147, the law that allows such a limitation or exclusion. The court did not provide any sort of analysis of the law. And … [Read more...]