Strategies, Challenges, and Answers

Archives for April 2006

Offsets

Offsets or credits are allowed against UM or UIM settlements for medical payments, according to Ellison v. CSAA, 106 Nev. 601; 797 P.2d 975 (1990), so long as the insurance contract allows it and the contract language is clear and understandable. A tortfeasor cannot claim an offset or credit for medical bills paid by the injured party's own insurance.  That insurance is considered a collateral source.  Procter v. Castelletti, 112 Nev. 88, 90, 911 P.2d 853, 854 (1996). … [Read more...]