Nevada law authorizes auto insurance companies to avoid stacking their uninsured / underinsured motorist coverage. But before a court will enforce a policy’s anti-stacking provision the company must meet three requirements. See Neumann v. Standard Fire Ins. Co. of Hartford, Conn., 699 P.2d 101, 103 (Nev. 1985). The three requirements are: (1) Clarity; (2) Prominence; and, (3) The insured cannot have paid full premiums on each of the separate risks covered by the … [Read more...]
Archives for February 2015
Is The Driver Of A Car That Was Rear-Ended Free From Negligence As A Matter Of Law?
February 17, 2015 by
This question came up twice last week. I decided to make it the Nevada Law Blog “Question of the Week”. “Can the driver of a car that was rear-ended be a legal or proximate cause of the accident because of an abrupt or unexpected stop?” The Nevada case of Nehls v. Leonard, 97 Nev. 325, 630 P.2d 258 (1981) answers that question “Yes”. The facts of the Nehls case are pretty simple. Ms. Nehls is a passenger in the car behind. She sues the driver of the car ahead. She claims that the driver ahead … [Read more...]
State Farm Tries To Dodge The Single Shot Fired By The Policyholder That Nevada Follows California’s Cumis Rule
February 10, 2015 by
The Nevada Law Blogs are documenting the drama that plays itself out on the stage of the Nevada Supreme Court. This particular drama focuses on whether an insurance company can be obliged to pay the fees of an attorney hired by the policyholder because of an alleged conflict between the interest of the insurance company and its policyholder. We described this epic show down comparing it to an old west gunfight. We introduced the characters and the issues HERE and HERE. We outlined the … [Read more...]
