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...]
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