Strategies, Challenges, and Answers

An Activist Supreme Court Prohibits Enforcement Of Binding Arbitration Provision That Prevents Nevada Consumers From Joining Class Action Suit

Auto insurance is not the only industry in which Nevada law provides protections to consumers.  In a previous POST, we pointed out that the legislature precluded the enforcement of compulsory arbitration provisions in auto insurance policies.Now the Nevada Supreme Court is getting into the act of refusing to enforce similar provisions in consumer sales contracts.  In the recent case of Picardi v. Eighth Judicial Dist. Court, 127 Nev. Adv. Op. 9, 251 P.3d 723 (Nev. 2011), the Court found that … [Read more...]

Auto Insurance Carriers Cannot Compel Arbitration, But It Never Hurts To Ask

Most auto insurance policies include a provision that allows the insurance company and the insured to arbitrate first party disputes.  However, attempts to compel arbitration under auto insurance contracts are forbidden in Nevada: NRS 690B.017 provides:NRS 690B.017  Provisions for arbitration not binding.  No provision for arbitration contained in an automobile liability or motor vehicle liability insurance policy delivered, issued for delivery or renewed in this State is binding upon the … [Read more...]