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...]
An Activist Supreme Court Prohibits Enforcement Of Binding Arbitration Provision That Prevents Nevada Consumers From Joining Class Action Suit
December 30, 2011 by
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...]
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...]
Speaker at DRI’s Insurance Coverage and Practice Symposium Suggests Looking “Off-Panel” For Qualified Local Coverage Counsel
December 26, 2011 by
I recently attended DRI’s Coverage and Practice Symposium in New York City. As usual, the site was exceptional and the presenters were extremely knowledgeable. Plus, who wouldn’t want to be in New York City during the Holiday Season?One of the presenters, Michael M. Marrik, Esq. raised an interesting question. He gave a top ten list of things that carriers should consider when handling coverage litigation nationwide. He specifically questioned the wisdom of relying exclusively on “panel … [Read more...]
Responding To The Anticipated Fallout Of The Haygood And Howell Opinions
December 20, 2011 by
No one is surprised when people who are hurt in accidents go to the doctor’s office for care. In the past, many went to doctors who provided them care through their group health insurance programs. These group healthcare providers usually have pre-negotiated reimbursement agreements with the group health insurance carriers. Those insurance carriers pay the providers a sum certain for each service provided. The pre-negotiated reimbursement agreements normally prevent the doctors from charging … [Read more...]
