Strategies, Challenges, and Answers

Archives for June 2014

Insurers Do Not Need To Produce A Signed “Must Offer” Med-Pay Waiver Form

As we explained in THIS EARLIER POST, Nevada obligates insurance companies that issue passenger car policies in the state to offer Uninsured / Underinsured Motorist coverage to its customers.  See also NRS 687B.145(2).  Insurance customers can reject UM / UIM coverage or reduce the limits of coverage to an amount less than the limits of the liability coverage.  However, when a claim arises, if the insurance company cannot provide proof of the rejection / reduction via a signed form, the court … [Read more...]

The Accident Report Favors Our Driver. Liability’s A Lock! Or Is It?

A taxi cab hits the back of a small pickup truck.  Witnesses place blame on the cab.  The officer tickets the cabbie.  The officer prepares a traffic accident report.  The report says the cab driver is at-fault. When trial comes around, the judge admits the traffic report into evidence.  In the case of Frias v. Valle, 101 Nev. 219, 698 P.2d 875 (1985), the Nevada Supreme Court reviewed the evidence and sent the case back to be tried again.  But why? The Court explained the traffic accident … [Read more...]