Strategies, Challenges, and Answers

Stacking

998524_tranquility_4 In Nevada, a valid anti-stacking provision must satisfy three prerequisites under N.R.S. 687B.145(1) . “First, the limiting provision must be expressed in clear language. Second, the provision must be prominently displayed in the policy, binder or endorsement. Finally, the insured must not have purchased separate coverage on the same risk, nor paid a premium calculated for full reimbursement under that coverage.” Accordingly, a limiting provision is void if it fails to comply with any of these three requirements.  See Nationwide Mut. Ins. Co. v. Coatney, 118 Nev. 180, 42 P.3d 265 (2002).

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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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