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 … [Read more...]
Archives for 2006
Offsets
April 30, 2006 by
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...]
No Third-Party Bad Faith In Nevada
March 5, 2006 by
Nevada does not allow third-party bad faith actions. Gunny v. Allstate, 108 Nev. 344, 830 P.2d 1335 (1992). For a more thorough treatment of the Gunny case, please click HERE to see our post on the Nevada Coverage and Bad Faith Law Blog. … [Read more...]
