Strategies, Challenges, and Answers

LexisNexis Names Nevada Insurance Law As A Top Insurance Law Blog For 2011

The Advisory Board of the LexisNexis Insurance Law Community has selected Mills & Associates' Nevada Insurance Law as one of the nation’s Top Insurance Law Blogs for 2011.  The Advisory Board described what it saw in the winning blogs. The Top Blogs contain some of the best writing out there on insurance law.  They contain a wealth of information for the insurance law community with timely news items, practical information, expert analysis, practice tips, frequent postings, and helpful … [Read more...]

The Burden On Apportionment Of Damages Shifts To The Defendant Where Two Separate Accidents Cause An Inseparable Injury

The Plaintiff usually has the burden to prove that the Defendant was negligent and that the Defendant’s negligence caused him injury.  However, in cases where two accidents happen so close together that one cannot tell which accident caused which injury, what is a Plaintiff to do?  This was the question posed to the Nevada Supreme Court in the case of Kleitz v. Raskin, 103 Nev. 325, 728 P.2d 508 (1987). In Kleitz, the Plaintiff sustained injury in two successive automobile accidents, one … [Read more...]

Got Questions?

These posts on the Mills & Associates Nevada Insurance Law blog are published to provide useful insights on Nevada insurance law to our clients and other subscribers. Many times the topics are suggested by recent case law, or issues raised by litigation.As part of our ongoing effort to provide both timely and helpful information, we invite all our readers to submit issues which they would like to see addressed in future blog posts.Likewise, please submit questions concerning prior … [Read more...]

Other Insurance Offsets

Policy provisions that require the underlying policy to be exhausted are against public policy.  However, where a UIM policy is involved, an offset is allowed for the full amount of the underlying insurance policy, even if it was not paid.  Mann v. Farmers Insurance, 108 Nev. 648; 836 P.2d 620 (1992).An offset is allowed against personal UM / UIM where the employer provides the UIM coverage.  Phelps v. State Farm, 112 Nev. 675; 917 P.2d 944 (1996).No offset is allowed if the worker's … [Read more...]

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...]