Almost universally, Underinsured Motorist policies require that the insured exhaust the underlying liability policy before he or she can make claim for the Underinsured Motorist benefits. In the cases of Mann v. Farmers Ins. Exchange, 108 Nev. 648, 836 P.2d 620 (1992) and Shaw v. Continental Ins. Co., 108 Nev. 928, 840 P.2d 592 (1992) the Nevada Supreme Court considered the question of whether such provisions were enforceable. In the Mann case, the Plaintiff was injured in an accident … [Read more...]
Got Questions?
August 17, 2010 by
These posts on the Mills & Associates Nevada Coverage & Bad Faith Law blog are published to provide useful insights on Nevada insurance law to our clients and other subscribers. Many times the topics are suggested by recent case law, or issues raised by litigation. As part of our ongoing effort to provide both timely and helpful information, we invite all our readers to submit issues which they would like to see addressed in future blog posts. Likewise, please submit questions … [Read more...]
Rental Car Agencies Are Not Insurance Companies And Are Not Subject To The “Must Offer” Obligations Of NRS 687B.145 (2) And (3)
February 1, 2010 by
NRS 687B.145 (2) and (3) obligate “insurance companies transacting motor vehicle insurance” to offer its insureds Uninsured / Underinsured and Medical Payments coverage to its insureds in and amounts equal to the amount of liability coverage that the insured carries. If there is no signed waiver on a form approved by the insurance commissioner, then that policy is deemed to carry UM/UIM and MP coverage. See our blog post HERE for a discussion on this topic. So then the question came up: Is a … [Read more...]
One Injured Passenger + One Negligent Driver + Only One Policy = One Liability Recovery And Zero UIM. . . . . . . . But One Injured Passenger + Two Negligent Drivers + Two Separate Policies = Two Liability Recoveries + UIM Availability
January 27, 2010 by
Prior to the recent opinion of Delgado v. American Family Ins. Group, 125 Nev. 564, 217 P.3d 563 (2009), the law seemed clear on the issue of whether a passenger could recover liability benefits and underinsured motorist (UIM) benefits from the same policy. In the prior Nevada Supreme Court opinions of Peterson v. Colonial Insurance Co., 100 Nev. 474, 686 P.2d 239 (1984), and Baker v. Criterion Insurance, 107 Nev. 25, 805 P.2d 599 (1991) the Court had said that it would not allow a recovery on … [Read more...]
Nevada Law Requires “Excess-Type” UIM Coverage
July 16, 2009 by
Across the country, the various states recognize two distinct methods of calculating the amount of underinsured motorist coverage available. The two models are known as “excess-type” and “reduction-type” UIM coverage. In states where the “reduction-type” UIM model is followed, the insured’s UIM coverage limits are reduced by the underlying liability policy limits. For example, if you had $100,000 in UIM coverage and the tortfeasor had $15,000 in bodily injury liability limits, then you … [Read more...]
