Strategies, Challenges, and Answers

Archives for February 2013

Nevada Kicks The Can Down The Road On The “Billed Vs. Paid” Issue

Plaintiffs often hope to recover a medical provider’s higher “billed” rate, even though the same medical provider accepts in full satisfaction a lesser “paid” amount from an insurance company.  We noted HERE that some states have either refused to allow evidence of the higher “billed” amount or have allowed rebuttal evidence that the doctor accepted the lower “paid” amount in satisfaction of the bill. As reported HERE, the Nevada Supreme Court case of Tri-County Equip. & Leasing, LLC., v. … [Read more...]

Nevada Disallows Subrogation of the First-Party Med Pay Carrier Against Its Insured’s Third-Party Recovery

Jimmie Brown suffered injuries in an auto accident.  He turned to his insurance company, Allstate, to collect medical payments benefits.  Allstate’s policy included a subrogation provision.  The policy said that Allstate was subrogated to Brown’s right to recover against the tortfeasor to the extent that it had paid him med pay benefits.  Allstate notified the tortfeasor’s insurance, Farmers, of its subrogation interest. Once he finished treating, Brown then sent his demand to Farmers hoping … [Read more...]

Two For The Price Of One! Mike Mills Authors Two Articles That Appear In The Most Recent Issue Of DRI’s Covered Events Newsletter.

Mike Mills’s article on the care, custody or control exclusion found in the general liability form policy was featured on DRI’s Covered Events online newsletter in 2013 Issue 1.  If you are interested in Mike’s conclusions on this interesting insurance coverage issue, you can read the article HERE. In addition, Mike’s report on the recent Nevada Supreme Court case of Physicians Ins. Co. v. Williams, 128 Nev. Adv. Op. 30, 279 P.3d 174 (2012) can be found in the same issue HERE. Keep an eye … [Read more...]