Nevada's Limitation of Actions statute is found at N.R.S. 11.190. Normally the statutes are as follows: Bodily Injury: 2 years. Property Damage: 3 years. Contract (including UM/UIM): 6 years. In UM/UIM cases statute does not begin to run until date of denial of coverage. Grayson v. State Farm Mutual Automobile Insurance, 114 Nev. 1379; 971 P.2d 798 (1998). An interesting contrast is that with subrogation cases; the statute runs from date of loss. State Farm v. Wharton, 88 Nev. 183, … [Read more...]
Archives for May 2008
Duty Of A Property Owner
May 15, 2008 by
In the days of the common law, the duty that a landowner owed to a person on the property depended on the status of the person. However, Nevada has rejected that type of analysis. The duty owed does not depend on whether the person is a licensee, invitee or trespasser. The question is whether the acts of the landowner were reasonable. Turpel v. Sayles, 101 Nev. 35, 692 P.2d 1290 (1985). … [Read more...]
Other Insurance Offsets
May 7, 2008 by
Policy provisions that require the underlying policy to be exhausted are against public policy. However, where a UIM policy is involved, an offset is allowed for the full amount of the underlying insurance policy, even if it was not paid. Mann v. Farmers Insurance, 108 Nev. 648; 836 P.2d 620 (1992). An offset is allowed against personal UM / UIM where the employer provides the UIM coverage. Phelps v. State Farm, 112 Nev. 675; 917 P.2d 944 (1996). No offset is allowed if the worker's … [Read more...]
