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 […]
Arbitration and First Party Insurance in Nevada
1. Binding Arbitration Clauses Automobile Insurance Policies Are Not Enforceable in Nevada In Nevada, mandatory arbitration clauses in contracts for automobile insurance are not binding on the insured. 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 […]
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 […]
Clark County District Court Offers Courtfinder App
The Clark County District Court has released an app Courtfinder, which shows updated dockets for courts located at theRegional Justice Center.Per its iTunes description, CourtFinder is an app (for Android and iOS) that allows you to download and read the current day docket for courtroom matters being heard throughout the Regional Justice Center & Family Court […]
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 […]
