Strategies, Challenges, and Answers

An Insured Cannot Recover UM And UIM Benefits From The Same Policy

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

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...]