Strategies, Challenges, and Answers

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

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...]