Strategies, Challenges, and Answers

UM Subro? Yes! UIM Subro? No.

In Nevada, uninsured (UM) and underinsured (UIM) come as part of the same insurance offering.  The law requires that both auto coverages must be offered.  NRS 687B.145(2).  While UM and UIM may be legally one and the same coverage, they are treated very differently when it comes to subrogation. If the at-fault driver is uninsured, the law allows the UM carrier to be subrogated to the amount that it paid to the insured for the UM loss. NRS 690B.020(5) says: 5.  If payment is made to any … [Read more...]

The Statute Of Limitations For An Underinsured Motorist Claim Does Not Start To Run Until The Carrier Has Been Called On To Satisfy Its Duties Under The Policy And Has Failed To Do So

Most lawyers can recite by memory the number of years available under statute to bring certain types of lawsuits.  In Nevada, the statutes of limitation are found in Chapter 11 of the Nevada Revised Statutes. Since insurance policies are contracts, the right to bring an action for breach of a policy is generally limited to six years.  See NRS 11.190(1)(a).  In Grayson v. State Farm Mut. Auto. Ins., 971 P.2d 798 (1998) the Nevada Supreme Court faced the question of the when this six-year … [Read more...]

LexisNexis Names Nevada Insurance Law As A Top Insurance Law Blog For 2011

The Advisory Board of the LexisNexis Insurance Law Community has selected Mills & Associates' Nevada Insurance Law as one of the nation’s Top Insurance Law Blogs for 2011.  The Advisory Board described what it saw in the winning blogs. The Top Blogs contain some of the best writing out there on insurance law.  They contain a wealth of information for the insurance law community with timely news items, practical information, expert analysis, practice tips, frequent postings, and helpful … [Read more...]

Got Questions?

These posts on the Mills & Associates Nevada Insurance Law blog are published to provide useful insights on Nevada insurance law to our clients and other subscribers. Many times the topics are suggested by recent case law, or issues raised by litigation. As part of our ongoing effort to provide both timely and helpful information, we invite all our readers to submit issues which they would like to see addressed in future blog posts. Likewise, please submit questions concerning prior … [Read more...]

UM / UIM

Nevada law provides that UM coverage must be offered and must include UIM protection.   N.R.S. 687B.145.  UIM protection is excess type coverage rather than reduction type coverage.  Consumer can waive UM coverage but this waiver must be done in writing.  The amount offered must equal the amount of BI liability coverage.  Mid-Century Ins. Co. v. Daniel, 101 Nev. 433; 705 P.2d 156 (1985). The UIM carrier has no right of subrogation against a driver who has purchased at least the minimum … [Read more...]