Strategies, Challenges, and Answers

Offsets

206474_ambulance 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).

Michael Mills About Michael Mills

Mr. Mills practices in the area of civil litigation and appeals, with particular experience in matters involving trucking liability, insurance defense, insurance coverage, premises liability, products liability and defense of personal injury. Mr. Mills is a member of the Trucking Insurance Defense Association, the Defense Research Institute Trucking Committee and the Nevada Motor Transport Association. Mr. Mills is licensed to practice before the Nevada Supreme Court and the Utah Supreme Court. He is also licensed to appear before the United States Supreme Court, the U.S. District Courts for the Districts of Nevada and Utah, as well as the U.S. Court of Appeals for the Ninth Circuit. Mr. Mills has created 3 Blogs for the benefit of the insurance industry. He serves as editor and publisher of the Nevada Insurance Law Blog, the Nevada Coverage and Bad Faith Blog and the Nevada Trucking Law Blog.

 
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