Strategies, Challenges, and Answers

Archives for April 2013

For Purposes Of Policy Cancellation, One Percentage Point Can Make All The Difference In Deciding Whether The Driver Was “At Fault”

In Nevada, insurance companies cannot cancel, raise premiums or refuse to renew insurance policies where the insured was in an accident that was not his or her fault.  The statute reads: N.R.S. 687B.385  Cancellation, nonrenewal or increase in premium due to claims for which insured was not at fault prohibited.  An insurer shall not cancel, refuse to renew or increase the premium for renewal of a policy of motor vehicle insurance covering private passenger cars or commercial vehicles as a … [Read more...]

Under Nevada’s Wrongful Death Statute Where There Is Only One Decedent, There Is Only One “Each Person” Limit Available

Under Nevada’s Wrongful Death Statute, N.R.S. 41.085, the estate and multiple heirs can each make their own individual claims for damages.  (If you are not familiar with the Wrongful Death details, please click the following link to the relevant Mills & Associates Nevada Insurance Law blog post: Wrongful Death In Nevada).  Still there is the related coverage question of what portion of an applicable automobile policy limit is available to pay all these different Wrongful Death claimants.  … [Read more...]

Financial Responsibility Liability Coverage Provided By Rental Car Companies Is Secondary To The Driver’s Personal Coverage Based On Language In The Rental Contract

Betty Roe rented a car from Allstate Rent-A-Car.  While driving that car, she caused an accident with injuries.  She didn't buy any additional insurance coverage from the rental car company but she had her own personal auto insurance through Co-Operators Insurance Company.As you may know, NRS 482.295 requires that before rental car company can be licensed, it must demonstrate that is has auto liability coverage for each car going out the door.  The rental company can either buy insurance or … [Read more...]

Will A New Appellate Court Mean More Nevada Jobs?

In the Nevada Law Blogs, we regularly discuss “Nevada Factors”.  These Nevada Factors are circumstances that are unique to Nevada’s laws or judiciary which make it different from the other states.One Nevada Factor that arises over and over again is the dearth of controlling legal precedents on which Nevada civil lawyers and judges can predictably rely.  The main reason why there are so few civil precedents is because Nevada has only one court of appeals.  That court is the Nevada Supreme … [Read more...]