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...]
An Insured Cannot Recover UM And UIM Benefits From The Same Policy
January 3, 2012 by
In the case of Hall v. Farmers Ins. Exch., 105 Nev. 19, 768 P.2d 844 (1989) the Nevada Supreme Court considered the question of whether a claimant could recover both uninsured (UM) and underinsured (UIM) benefits from the same policy. Ruby Hall was walking along minding her own business when two negligent drivers collided. The cars struck Ruby causing her injury. One of the drivers was uninsured and the other was underinsured.Ruby's father had foresight to buy an insurance policy that … [Read more...]
No UM/UIM Coverage Available To Person Overage Available To Person Injured By City Owned Street Sweeper
December 29, 2011 by
In White v. Continental Ins. Co., 119 Nev. 114, 65 P. 3d 1090 (2003), the Nevada Supreme Court faced a unique situation. The question was whether an Uninsured / Underinsured Motorist (UM/UIM) carrier owed benefits to an insured who had been injured when his automobile was hit by a street-sweeping machine owned by the City of Reno. The doctrine of Sovereign Immunity protected Reno. Nevada’s Waiver of Sovereign Immunity Statute, N.R.S. 41.031 et seq. provides that recovery against any … [Read more...]
A Dispute As To The Value Of A UM/UIM Claim Does Not Constitute A Breach Of The Implied Covenant Of Good Faith And Fair Dealing
May 24, 2011 by
Insurance companies have felt the burden of the economic downturn as insured’s have reduced their liability coverage or eliminated their coverage completely. Where the coverage of a tortfeasor is insufficient to compensate an injured party, that party often turns to his/her own insurer’s UM/UIM policy to close the gap. It is this relationship which has increasingly given rise to claims for breach of the implied covenant of good faith and fair dealing, commonly referred to by Plaintiff’s counsel … [Read more...]
An Heir Cannot Recover Wrongful Death Damages From His Or Her Own Personal Underinsured Motorist Policy If That Heir Suffered No Bodily Injury In The Fatal Accident
May 13, 2011 by
Deborah Fackett’s mother died from injuries she received in a car crash. Deborah was not involved in the crash. She suffered no physical trauma. Deborah’s car was in no way involved in the accident. Nevertheless, as her mother’s legal heir, Deborah qualified to pursue a claim against the tortfeasor under Nevada’s Wrongful Death Statute (N.R.S. 41.085). For a brief overview of Wrongful Death in Nevada see HERE.Deborah filed a claim with the tortfeasor’s carrier and it paid its policy … [Read more...]
