. . . EVEN THE SLIGHTEST RESTRICTION TO THE LIMITATION OF USE WILL GIVE RISE TO A DUTY TO DEFENDMost auto policies provide an insured person coverage when driving another person's vehicle with that person’s permission. There is however an exception to that rule. The exception is that the "non owned" vehicle must not be "available or furnished for the regular use" of the insured person. There have been two Nevada cases that have considered this issue. Let’s explore both.The earlier … [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...]
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...]
If A Cause Of Action Is Not Specifically Excluded By The Policy, You May Have To Look To The Pleadings And The Alleged There To Decide If Coverage Extends To Those Actions
December 28, 2011 by
In the case of Versatility, Inc. v. Capitol Indemnity. Corp., 2:10-CV-1942 JCM (PAL) slip op. (D. Nev. 2011) the U.S. District Court for Nevada explained that if injuries alleged in an underlying complaint arise from an excluded event, that failure to prevent the injury due to alleged negligent hiring or supervision are not covered either.Versatility was a drinking establishment. One of its patrons claimed that an employee assaulted him on the premises. The patron sued Versatility alleging … [Read more...]
