Eric and Erwin Lopez were hurt when a negligent and underinsured driver hit their car. They sued the driver. As discovery progressed, Eric and Erwin convinced the driver to settle. However, they would not give the negligent driver a release. Instead, they offered the driver a Covenant Not to Execute against him in excess of his bodily injury liability limits. The negligent and underinsured driver accepted. The bodily injury liability limits were paid and the Covenant provided. However, … [Read more...]
When Is It Too Late For A UM/UIM Carrier To Intervene In The Underlying Litigation?
October 15, 2016 by
Avoid UM / UIM Stacking By Meeting These Three Requirements
February 19, 2015 by
Nevada law authorizes auto insurance companies to avoid stacking their uninsured / underinsured motorist coverage. But before a court will enforce a policy’s anti-stacking provision the company must meet three requirements. See Neumann v. Standard Fire Ins. Co. of Hartford, Conn., 699 P.2d 101, 103 (Nev. 1985).The three requirements are:(1) Clarity;(2) Prominence; and,(3) The insured cannot have paid full premiums on each of the separate risks covered by the … [Read more...]
Ambiguous State Farm UM Coverage Allows Wife To Recover For Separate Emotional Distress Caused By Witnessing Husband’s Death
January 12, 2015 by
Mrs. Brewington rode her motorcycle a little behind Mr. Brewington on State Highway 49 in California. An oncoming rider crossed the center line striking Mr. Brewington and ejecting him from his bike. Mrs. Brewington witnessed the collision, stopped and called for assistance. Mr. Brewington died on the way to the hospital with Mrs. Brewington by his side.The negligent rider had no liability insurance. However, the Brewingtons had UM coverage with their motorcycle carrier State Farm in the … [Read more...]
Nevada Requires Drivers To File Traffic Reports If Police Do Not Respond
November 12, 2014 by
The Las Vegas’ Metropolitan Police Department no longer responds to motor vehicle accidents where no one reports an injury. However, if Metro does not respond, current law requires drivers (or if the drivers are unable, then the owners) to file an accident report if a Nevada motor vehicle accident results in property damage that exceeds $750.00. See NRS 484E.070(2). Thus, these driver’s Reports of Traffic Accident have become more critical than ever before. The Report of Traffic Accident … [Read more...]
Insurers Do Not Need To Produce A Signed “Must Offer” Med-Pay Waiver Form
June 20, 2014 by
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...]
