Strategies, Challenges, and Answers

Avoid UM / UIM Stacking By Meeting These Three Requirements

Nevada law authorizes auto insurance companies to avoid stacking their uninsured / underinsured motorist coverage. But before a court will enforce a policy’s anti-stacking provision the company must meet three requirements. See Neumann v. Standard Fire Ins. Co. of Hartford, Conn., 699 P.2d 101, 103 (Nev. 1985).The three requirements are:(1)       Clarity;(2)       Prominence; and,(3)       The insured cannot have paid full premiums on each of the separate risks covered by the … [Read more...]

Ambiguous State Farm UM Coverage Allows Wife To Recover For Separate Emotional Distress Caused By Witnessing Husband’s Death

Mrs. Brewington rode her motorcycle a little behind Mr. Brewington on State Highway 49 in California. An oncoming rider crossed the center line striking Mr. Brewington and ejecting him from his bike. Mrs. Brewington witnessed the collision, stopped and called for assistance. Mr. Brewington died on the way to the hospital with Mrs. Brewington by his side.The negligent rider had no liability insurance. However, the Brewingtons had UM coverage with their motorcycle carrier State Farm in the … [Read more...]

Nevada Requires Drivers To File Traffic Reports If Police Do Not Respond

The Las Vegas’ Metropolitan Police Department no longer responds to motor vehicle accidents where no one reports an injury.  However, if Metro does not respond, current law requires drivers (or if the drivers are unable, then the owners) to file an accident report if a Nevada motor vehicle accident results in property damage that exceeds $750.00.  See NRS 484E.070(2).  Thus, these driver’s Reports of Traffic Accident have become more critical than ever before.  The Report of Traffic Accident … [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...]

What Will Happen When Las Vegas Metro PD No Longer Responds To “Property Damage Only” Accidents?

Click here to read "LVMPD Modifies Response to Property Damage Collisions" or click on the image above. … [Read more...]