Strategies, Challenges, and Answers

Insurers Do Not Need To Produce A Signed “Must Offer” Med-Pay Waiver Form

As we explained in THIS EARLIER POST, Nevada obligates insurance companies that issue passenger car policies in the state to offer Uninsured / Underinsured Motorist coverage to its customers.  See also NRS 687B.145(2).  Insurance customers can reject UM / UIM coverage or reduce the limits of coverage to an amount less than the limits of the liability coverage.  However, when a claim arises, if the insurance company cannot provide proof of the rejection / reduction via a signed form, the court … [Read more...]

Got Questions?

These posts on the Mills & Associates Nevada Coverage & Bad Faith Law blog are published to provide useful insights on Nevada insurance law to our clients and other subscribers. Many times the topics are suggested by recent case law, or issues raised by litigation.As part of our ongoing effort to provide both timely and helpful information, we invite all our readers to submit issues which they would like to see addressed in future blog posts.Likewise, please submit questions … [Read more...]

Rental Car Agencies Are Not Insurance Companies And Are Not Subject To The “Must Offer” Obligations Of NRS 687B.145 (2) And (3)

NRS 687B.145 (2) and (3) obligate “insurance companies transacting motor vehicle insurance” to offer its insureds Uninsured / Underinsured and Medical Payments coverage to its insureds in and amounts equal to the amount of liability coverage that the insured carries.  If there is no signed waiver on a form approved by the insurance commissioner, then that policy is deemed to carry UM/UIM and MP coverage.  See our blog post HERE for a discussion on this topic. So then the question came up: Is a … [Read more...]

Special Policies Get No Special Treatment

Even Out of the Ordinary Auto Policies Must Provide Minimum UM / UIM LimitsIn the case of Continental Insurance v. Murphy, 120 Nev. 506, 96 P.3d 747 (2004), the Nevada Supreme Court said that it will enforce basic mandatory minimum limits of $15,000 per person, $30,000 per accident for uninsured / underinsured motorist coverage, as required by NRS 690B.020 and NRS 687B.145(2), even where the claim involved an out of the ordinary policy that was written especially to cover a “classic … [Read more...]