September 30, 2010 (Press-News.org) Last October, the Nevada Supreme Court carved out an exception to the state's rule on insurance stacking in motor vehicle accident cases. In Delgado v. American Family Insurance Group, the court held that passengers injured in a two-car accident can recover under the permissive driver's liability and underinsured motorist (UIM) policies when both drivers are found to be jointly liable for the accident.
Delgado v. American Family
In 2004, Dionicia Delgado was riding as a passenger in a car driven by Eunice Marcelino when the vehicle was involved in an accident with Toquanda Dean. Delgado suffered severe injuries as a result of the crash. Marcelino carried an American Family insurance policy providing $50,000 in liability and $25,000 in UIM coverage. Dean carried a basic liability policy for $15,000. Both drivers were found partially responsible for the accident causing Delgado's injuries.
Delgado offered to settle with each of the drivers for their policy limits. American Family rejected Delgado's claim to the $25,000 UIM benefits in Marcelino's insurance contract, arguing that Marcelino's vehicle was not eligible for UIM benefits under the policy and that Delgado was not entitled to these benefits under state law. Delgado then filed suit against American Family.
The district court rejected Delgado's claims to the UIM benefits, based in part on Nevada precedent in two previous cases, Peterson and Baker. Those cases preclude injured passengers from collecting liability and UIM benefits from the same insurance policy.
Nevada Supreme Court Makes Exception to No-Stacking Rule
On appeal, the Nevada Supreme Court reversed the district court's ruling, holding that the facts in Delgado warranted a finding that the injured passenger could collect benefits under the liability and UIM portions of the same driver's insurance policy.
In its opinion, the court distinguished Delgado from earlier case law based on the facts of the case. In Delgado, there were two drivers involved in the accident, each with their own insurance policies. Additionally, both drivers were found concurrently liable for the accident. The Peterson and Baker cases, by contrast, each involved single car accidents with only one driver and one insurance policy.
In these cases, the court reasoned, it was impermissible to stack liability and UIM benefits under the same policy because it was in effect allowing the injured passenger to increase the liability limits under the insurance policy. However, in Delgado, the same result would not occur.
The court found that since Delgado was a lawful occupant of Marcelino's car, Marcelino's insurance policy provided UM/UIM coverage to her. Even though Marcelino's vehicle did not qualify under the policy for UM/UIM coverage, Dean's vehicle could. Further, because Marcelino and Dean both were found liable for the accident and for Delgado's injuries, Delgado was entitled to collect under the liability and UIM portions of Marcelino's insurance policy for their joint negligence.
The Nevada Supreme Court made sure to point out that its decision did not overrule its decisions in Peterson and Baker. In single vehicle accidents, it still is not permissible for injured passengers to collect under both portions of the same insurance policy.
The exception announced in Delgado only applies in cases with similar fact patterns in which there are two or more drivers found jointly responsible for the accident, each with their own insurance policy. In these cases, the injured passenger can collect under the liability and UIM portions of the same driver's insurance policy if one of the negligent drivers does not have sufficient insurance to cover all of the passenger's losses.
Conclusion
If you have been injured in automobile accident, contact a knowledgeable attorney today. Under state law, you are entitled to compensation for your injuries from the responsible driver, which may include medical expenses, lost wages, pain and suffering, and other damages.
Article provided by Harris & Harris Lawyers
Visit us at www.harrisschwartz.com
Insurance Stacking in Nevada after Delgado
The Nevada Supreme Court has carved out an exception to the state's rule on insurance stacking in motor vehicle accident cases.
2010-09-30
ELSE PRESS RELEASES FROM THIS DATE:
School Bus Safety
2010-09-30
It's back to school time, and this year 25.1 million children will ride to school in 474,000 school buses in the United States, according to the National Highway Traffic Safety Administration (NHTSA). While school buses are safer than other passenger vehicles, there are specific laws in place to prevent bus related accidents.
According to the NHTSA, between 1998 and 2008 there were 414,399 fatal motor vehicle crashes, of which only 0.34 percent were classified as school transportation related. Buses are safer than smaller passenger vehicles, due primarily to their size. ...
The Illinois Tort Immunity Act and the Death of Michael Langford, Jr.
2010-09-30
The Illinois Tort Immunity Act shields local governments and employees of government agencies from liability for ordinary negligence committed in the course of their duties. But the shield is not a blank check for wrongdoing. Government agencies and their employees can be held liable for any act or omission that constitutes willful and wanton misconduct. The death of 5-year-old Michael Langford, Jr., in May raises the issue of willful and wanton misconduct in a very compelling way.
On Mother's Day 2010, Kathie La Fond worked a double shift, getting off of work at approximately ...
Judging Corrupt Judges in Georgia
2010-09-30
At the heart of the American justice system are the concepts of fairness and impartiality, especially on the part of juries and judges. Judges generally have reputations for knowing the law and applying it justly to the situations and defendants before them. So, what happens when the judges are the ones acting inappropriately?
Following a string of scandals and corrupt practices involving multiple judges in Georgia, the way people in the state view judges is currently under careful review.
A Very Thin Line
There seems to be a very thin line between the judge's ...
HP Lawsuit Filed Against Former CEO Will Meet Significant Obstacles
2010-09-30
Former Hewlett-Packard (HP) Chief Executive Officer Mark Hurd has made national headlines once again with the announcement that, after his firing from HP, he will join Oracle Corp., the world's second largest software company, as a president and board member. This announcement comes just a month after Hurd's public departure from HP following allegations that he violated standards of business conduct.
As Business Week reports, this is an excellent move for both Hurd and Oracle. Oracle is shifting its focus from software to hardware, and Hurd has experience with both. ...
The Consumer Financial Protection Bureau: What It Means For You
2010-09-30
The recent financial meltdown revealed problems within the financial system, especially for consumers, which is why Congress passed new legislation intended to safeguard financial transactions and stabilize the entire industry.
The Frank-Dodd Act creates an entirely new federal agency, the Consumer Financial Protection Bureau, which is designed to protect consumers from shady or fraudulent transactions and will oversee all financial companies, including banks, credit unions and private mortgage firms that do business with the public. The act will create or improve rules ...
New DUI Law Allows for 10 Year Revocations for Repeat Offenders
2010-09-30
William Scott Simon, of Belmont, was sent to prison late last year after being convicted for his eighth DUI, stemming from a January 2009 incident. Mr. Simon previously had his license suspended in 2004 after his seventh DUI conviction, but his license was eventually reinstated. While considered an extreme case, it prompted state Assemblyman Jerry Hill to author Assembly Bill 1601, which would allow judges to revoke the licenses of habitual DUI offenders for 10 years. This new law would apply to people who have three or more convictions within a 10 year period. Current ...
Dog Owners Feel The Bite Of Higher Insurance Costs
2010-09-30
According to the Centers for Disease Control and Prevention, each year in the United States 4.7 million people are victims of dog bites. Of those people attacked about 900,000 are forced to seek medical attention. In this unfortunate situation, the responsibility for the attack falls squarely on the dog's owner. If found responsible, the owner could be required to pay for the victim's medical costs and lost wages. Insurance Companies pay the majority of these claims, and are passing the increased costs to their policyholders, and limiting coverage.
Insurance companies ...
Pseudotumor Cerebri: An Often Misdiagnosed Illness
2010-09-30
Pseudotumor cerebri (pronounced SOO-doh-too-mur SER-uh-bry) is an illness that can cause serious long term health consequences. Symptoms of pseudotumor cerebri mimic those of a brain tumor; however, no tumor is present. In fact, pseudotumor cerebri literally means "false brain tumor." Although pseudotumor cerebri can lead to severe complications, it is often reversible, especially if correctly diagnosed at an early stage.
What is Known About Pseudotumor Cerebri
Pseudotumor cerebri occurs when pressure inside the skull increases. There is often no obvious reason for ...
Safety First: School Bus and Van Safety
2010-09-30
There are 1.5 million children transported on Pennsylvania roads each day, across more than 346 million miles annually, according to the Pennsylvania Department of Motor Vehicles. And every year, children are severely injured or killed by drivers disobeying Pennsylvania's School Bus Stopping Law.
The law requires drivers to stop for any stopped school bus with red signal lights flashing when meeting or overtaking the bus on the road. Vehicles must be stopped at least ten feet away from the bus and remain stopped until the red lights have stopped flashing and the stop ...
Old-Fashioned Distractions Are Just as Deadly Behind the Wheel
2010-09-30
A Charlotte family is still reeling from the distracted-driving death of a loving wife and mother who was struck and killed while walking on a sidewalk along Craig Avenue. The victim, 33-year-old Susan Karabulut, was taking a Sunday-morning walk on August 22 with a fellow nurse when a car driven by 19-year-old Leah Ann Walton jumped the curb and struck her, pinning her body and dragging her for a short distance. Mrs. Karabulut died at the scene. The other victim, 47-year-old Lisa McIe, was critically injured.
Ms. Walton told police that she took her eyes off the road ...
LAST 30 PRESS RELEASES:
One in 20 people in Canada skip doses, don’t fill prescriptions because of cost
Wildlife monitoring technologies used to intimidate and spy on women, study finds
Around 450,000 children disadvantaged by lack of school support for color blindness
Reality check: making indoor smartphone-based augmented reality work
Overthinking what you said? It’s your ‘lizard brain’ talking to newer, advanced parts of your brain
Black men — including transit workers — are targets for aggression on public transportation, study shows
Troubling spike in severe pregnancy-related complications for all ages in Illinois
Alcohol use identified by UTHealth Houston researchers as most common predictor of escalated cannabis vaping among youths in Texas
Need a landing pad for helicopter parenting? Frame tasks as learning
New MUSC Hollings Cancer Center research shows how Golgi stress affects T-cells' tumor-fighting ability
#16to365: New resources for year-round activism to end gender-based violence and strengthen bodily autonomy for all
Earliest fish-trapping facility in Central America discovered in Maya lowlands
São Paulo to host School on Disordered Systems
New insights into sleep uncover key mechanisms related to cognitive function
USC announces strategic collaboration with Autobahn Labs to accelerate drug discovery
Detroit health professionals urge the community to act and address the dangers of antimicrobial resistance
3D-printing advance mitigates three defects simultaneously for failure-free metal parts
Ancient hot water on Mars points to habitable past: Curtin study
In Patagonia, more snow could protect glaciers from melt — but only if we curb greenhouse gas emissions soon
Simplicity is key to understanding and achieving goals
Caste differentiation in ants
Nutrition that aligns with guidelines during pregnancy may be associated with better infant growth outcomes, NIH study finds
New technology points to unexpected uses for snoRNA
Racial and ethnic variation in survival in early-onset colorectal cancer
Disparities by race and urbanicity in online health care facility reviews
Exploring factors affecting workers' acquisition of exercise habits using machine learning approaches
Nano-patterned copper oxide sensor for ultra-low hydrogen detection
Maintaining bridge safer; Digital sensing-based monitoring system
A novel approach for the composition design of high-entropy fluorite oxides with low thermal conductivity
A groundbreaking new approach to treating chronic abdominal pain
[Press-News.org] Insurance Stacking in Nevada after DelgadoThe Nevada Supreme Court has carved out an exception to the state's rule on insurance stacking in motor vehicle accident cases.