Strategies, Challenges, and Answers

Nevada Court Enforces Clear and Unambiguous Contractual Limitation of Action

Evelyn Collins and her daughter Angela lived in the same house.  They each had their own car and their own auto insurance policy from Farmers Insurance.One day Evelyn was a passenger in her daughter’s car.  The daughter Angela negligently caused an accident.  Evelyn was seriously hurt.  Evelyn made a claim against her daughter and collected the $100,000.00 auto bodily injury liability limit from the daughter’s policy.  Evelyn also made a claim against her own policy for med pay.  She … [Read more...]

The Statute Of Limitations For An Underinsured Motorist Claim Does Not Start To Run Until The Carrier Has Been Called On To Satisfy Its Duties Under The Policy And Has Failed To Do So

Most lawyers can recite by memory the number of years available under statute to bring certain types of lawsuits.  In Nevada, the statutes of limitation are found in Chapter 11 of the Nevada Revised Statutes.Since insurance policies are contracts, the right to bring an action for breach of a policy is generally limited to six years.  See NRS 11.190(1)(a).  In Grayson v. State Farm Mut. Auto. Ins., 971 P.2d 798 (1998) the Nevada Supreme Court faced the question of the when this six-year … [Read more...]