Strategies, Challenges, and Answers

Nevada’s Auto Liability Compulsory Insurance Minimums To Increase

I have been practicing law in Nevada for nearly 30 years. For as long as I can remember, Nevada has required autos registered in this state to have bodily injury automobile liability insurance of at least $15,000 per person / $30,000 per occurrence.  The minimum automobile liability limit for property damages has been set at $10,000 per occurrence.  NRS 485.185 and NRS 485.3091.That is due to change on July 1, 2018. An increase in the minimum limits is set to take effect.  On that date, the … [Read more...]

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...]

A Policyholder Cannot Prevail Under NRS 686A.310(f) Unless There Has Been An “Ultimate Recovery”

Hartford’s policyholder was hurt in two separate accidents, once in 2009 and then again in 2010.  She collected policy limit settlements from each tortfeasor.  She then turned to Hartford, her UIM carrier. She demanded a policy limit settlement for each accident. When the parties could not agree on the value of either claim, the policyholder sued Hartford for breach of contract, bad faith and violations of Nevada's Unfair Claims Settlement Practices Act. (UCSPA). Mueller v. Prop. and Cas. Ins. … [Read more...]

UIM Bad Faith Damages Do Not Include Those Bodily Injury Damages That Are In Excess Of Both The Liability And The UIM Policy Limits

Mr. Bartlett had a dispute with his insurance company. He disagreed with the insurance company’s valuation of his underinsured motorist case. Bartlett sued the tortfeasor and got a judgment against him that was in excess of the torfeasor’s liability limits and in excess of Bartlett’s own underinsured (UIM) motorist coverageWith the judgment in hand, Bartlett filed a suit against his UIM carrier for bad faith.  Bartlett v. State Farm Mut. Auto. Ins., Case No. IP01-0510-C-HG, (D.C. Ind., Nov. … [Read more...]