Strategies, Challenges, and Answers

Collateral Source Is Still Good Law Despite Tri-County Equipment Decision

Following the California case of Howell v. Hamilton Meats & Provisions, Inc., 52 Cal. 4th 541, 257 P.3d 81, 128 CalRptr. 3d 658 (2011), the Nevada Law Blogs began wondering if Nevada would follow California’s lead and prohibit Plaintiff’s attorneys from introducing evidence of any medical bills that had been partially or totally forgiven by Plaintiff’s medical provider.  Then came the Nevada case of Tri–County Equip. & Leasing, LLC v. Klinke, 128 Nev. Adv. Op. 33, 286 P.3d 593 (2012). We … [Read more...]

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...]

California Court Clarifies Confusion Post-Howell

Ever since the California Supreme Court decided Howell v. Hamilton Meats & Provisions, Inc., 52 Cal 4th 541 (2013), California’s lower courts have been dealing with the billed vs. paid issue.  The opinion of Corenbaum v. Lampkin, 214 Cal.App.4th 1308 (2013) is an example.An intoxicated Lampkin drove his car and hit the taxi in which Corenbaum was a passenger.  Cornebaum’s medical insurance paid his bills but at a discounted rate.  In other words, the medical providers accepted the … [Read more...]

Nevada Kicks The Can Down The Road On The “Billed Vs. Paid” Issue

Plaintiffs often hope to recover a medical provider’s higher “billed” rate, even though the same medical provider accepts in full satisfaction a lesser “paid” amount from an insurance company.  We noted HERE that some states have either refused to allow evidence of the higher “billed” amount or have allowed rebuttal evidence that the doctor accepted the lower “paid” amount in satisfaction of the bill.As reported HERE, the Nevada Supreme Court case of Tri-County Equip. & Leasing, LLC., v. … [Read more...]

Nevada Disallows Subrogation of the First-Party Med Pay Carrier Against Its Insured’s Third-Party Recovery

Jimmie Brown suffered injuries in an auto accident.  He turned to his insurance company, Allstate, to collect medical payments benefits.  Allstate’s policy included a subrogation provision.  The policy said that Allstate was subrogated to Brown’s right to recover against the tortfeasor to the extent that it had paid him med pay benefits.  Allstate notified the tortfeasor’s insurance, Farmers, of its subrogation interest.Once he finished treating, Brown then sent his demand to Farmers hoping … [Read more...]