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 […]
Do I Have a Duty to Cooperate with my Insurance Company
If you are making a claim with your own insurance company for a loss (whether a homeowners’ claim, a Uninsured or Underinsured Motorist claim, or a medical payments claim) pursuant to the language of your policy, you have a duty to cooperate with your insurance company’s investigation. This cooperation may include giving a recorded […]
Motor Vehicle Property Damage: Recover Cost to Repair PLUS Residual Depreciation
One of the most frustrating aspects of being involved in a car accident is dealing with the repairs to your car — whether it is finding a credible repair facility, demanding a fair estimate from the other driver’s insurance company, or obtaining (and getting reimbursed for) a rental car. Further, there is the frustration, especially […]
Joint and Several Liability Among Intentional and Negligent Tortfeasors in Nevada
On March 1, 2012, in Cafe Moda v. Palma, 128 Nev. Adv. Op No. 7 (March 1, 2012), _ Nev. _, _ (2012), _ P.3d _,_ (2012), the Nevada Supreme Court held that a negligent defendant in a tort action is only severally liable for a plaintiff’s damages, even when other defendants committed intentional torts. […]
