Strategies, Challenges, and Answers

Underlying Policy Need Not Be Exhausted For Insured To Claim UIM Benefits

Almost universally, Underinsured Motorist policies require that the insured exhaust the underlying liability policy before he or she can make claim for the Underinsured Motorist benefits.  In the cases of Mann v. Farmers Ins. Exchange, 108 Nev. 648, 836 P.2d 620 (1992) and Shaw v. Continental Ins. Co., 108 Nev. 928, 840 P.2d 592 (1992) the Nevada Supreme Court considered the question of whether such provisions were enforceable.In the Mann case, the Plaintiff was injured in an accident … [Read more...]