To date, Nevada follows a strict collateral source rule, which generally renders evidence of a collateral source of payment for an injury inadmissible — that is, a tortfeasor (and his or her liability insurance carrier) is not entitled to introduce evidence that a portion of the injured person’s medical bills was paid for by health […]
Nevada Supreme Court: “Open and Obvious” Does Not Defeat Landowner’s Duty to Act Reasonably
On December 27, 2012, in Foster v. Costco, 128, Nev. Adv. Op. 71 (12/27/2012) the Nevada Supreme Court once again held that a land owner cannot hide behind the affirmative defense that a hazard was open and obvious to escape liability for having created or maintained an unreasonably dangerous condition. The case stems from a […]
Calculating UIM Claims in Nevada (versus California)
In Nevada, if you sustain injuries as a result of the negligence of a driver who has insufficient insurance to compensate you for all of your damages, then you can make a claim for under-insured motorist (UIM) benefits on your own policy. In Nevada, the applicability of UIM benefits is determined by the underlying policy […]
In Nevada, Insurance Companies May Not Raise your Rates for Making a UM/UIM Claim
When I advise clients they need to make an uninsured or underinsured motorist claim on their own insurance, they are often hesitant to do so, fearing their insurance will either raise their rates, or cancel the policy altogether. However, Nevada has a statute exactly on point, precluding insurance insurance companies from doing either. An uninsured […]
Arbitration Clauses in Nevada First Party Insurance Policies
In Nevada, insurance clauses that purportedly require arbitration to resolve first party (UM/UIM) insurance claims for auto insurance are unenforceable. NRS 690B.017 (Provisions for arbitration not binding) provides: No provision for arbitration contained in an automobile liability or motor vehicle liability insurance policy delivered, issued for delivery or renewed in this State is binding upon […]
