NRS
485.3091 Motor vehicle liability policy: Requirements.
1. An owner’s policy of liability
insurance must:
(a) Designate by explicit description or by
appropriate reference all motor vehicles with respect to which coverage is
thereby to be granted; and
(b) Insure the person named therein and any other
person, as insured, using any such motor vehicle with the express or implied
permission of the named insured, against loss from the liability imposed by law
for damages arising out of the ownership, maintenance or use of such motor
vehicle within the United States of America or the Dominion of Canada, subject
to limits exclusive of interest and costs, with respect to each such motor
vehicle, as follows:
(1) Because of bodily injury to or death
of one person in any one crash, $25,000;
(2) Subject to the limit for one person,
because of bodily injury to or death of two or more persons in any one crash,
$50,000; and
(3) Because of injury to or destruction of
property of others in any one crash, $20,000.
2. An operator’s policy of liability insurance
must insure the person named as insured therein against loss from the liability
imposed upon the person by law for damages arising out of the person’s use of
any motor vehicle within the same territorial limits and subject to the same
limits of liability as are set forth in paragraph (b) of subsection 1.
3. A motor vehicle liability policy must
state the name and address of the named insured, the coverage afforded by the
policy, the premium charged therefor, the period of effectiveness and the limits
of liability, and must contain an agreement or be endorsed that insurance is
provided thereunder in accordance with the coverage defined in this chapter as
respects bodily injury and death or property damage, or both, and is subject to
all the provisions of this chapter.
4. A motor vehicle liability policy need
not insure any liability under any workers’ compensation law nor any liability
on account of bodily injury to or death of an employee of the insured while
engaged in the employment, other than domestic, of the insured, or while
engaged in the operation, maintenance or repair of any motor vehicle owned by
the insured nor any liability for damage to property owned by, rented to, in
charge of or transported by the insured.
5. Every motor vehicle liability policy is
subject to the following provisions which need not be contained therein:
(a) The liability of the insurance carrier with
respect to the insurance required by this chapter becomes absolute whenever
injury or damage covered by the policy occurs. The policy may not be cancelled
or annulled as to such liability by any agreement between the insurance carrier
and the insured after the occurrence of the injury or damage. No statement made
by the insured or on behalf of the insured and no violation of the policy
defeats or voids the policy.
(b) The satisfaction by the insured of a judgment
for injury or damage is not a condition precedent to the right or duty of the
insurance carrier to make payment on account of the injury or damage.
(c) The insurance carrier may settle any claim
covered by the policy, and if such a settlement is made in good faith, the
amount thereof is deductible from the limits of liability specified in
paragraph (b) of subsection 1.
(d) The policy, the written application therefor,
if any, and any rider or endorsement which does not conflict with the
provisions of this chapter constitute the entire contract between the parties.
6. Any policy which grants the coverage
required for a motor vehicle liability policy may also grant any lawful
coverage in excess of or in addition to the coverage specified for a motor
vehicle liability policy, and the excess or additional coverage is not subject
to the provisions of this chapter.
7. Any motor vehicle liability policy may
provide for the prorating of the insurance thereunder with other valid and
collectible insurance.
8. The requirements for a motor vehicle
liability policy may be fulfilled by the policies of one or more insurance
carriers, which policies together meet those requirements.
9. Any binder issued pending the issuance
of a motor vehicle liability policy shall be deemed to fulfill the requirements
for such a policy.
(Added to NRS by 1957,
726; A 1963,
222; 1967,
1203; 1969,
178; 1973,
837; 1979,
1516; 1981,
628; 1987,
1094; 2015,
1652; 2017,
1341)
Notes of Decisions
Com. Union Ins. v. Johnson, 745 S.W.2d 589 (Ark. 1988).
· cites it 4× “3091, subsection 2(b), of the Safety Responsibility Act, declares in part that every such insurance policy shall "[i]nsure the person named therein and any other person, as insured, using any such motor vehicle or motor vehicles with the express or implied permission of such…”
Federated Am. Ins. v. Granillo, 835 P.2d 803 (Nev. 1992).
· cites it 6× “Omaha later requested reimbursement from Federated for *562 Bernardo’s accident contending that, under NRS 485.3091(1), 1 individual exclusions are valid only for claims exceeding the statutory minimum of $15,000.”
Rando v. California State Auto. Ass'n, 684 P.2d 501 (Nev. 1984).
· cites it 3× “NRS 485.3091. 1 Out statutes, however, do not require an *314 insured to maintain liability coverage in excess of the minimum amounts specified under Nevada law.”
Cont'l Ins. v. Murphy, 96 P.3d 747 (Nev. 2004).
· cites it 3× “We note as a threshold matter that the parties contest whether the policy in question is an “owner’s” or “operator’s” policy under NRS 485.3091. 10 Continental claims that the policy is an “owner’s policy” and, consequently, solely covers accidents involving the insured vehicle.”
United States Fid. & Guar. Co. v. Fisher, 494 P.2d 549 (Nev. 1972).
· cites it 4× “The policy contained an omnibus *157 clause naming those persons insured thereunder, as prescribed by NRS 485.3091, subsection 2. 1 The policy issued to Zelda, in naming those insured, included “any other person using such automobile with the permission of the Named Insured,…”
Est. of Delmue v. Allstate Ins. Co., 936 P.2d 326 (Nev. 1997).
· cites it 2× “055 of the Act defines “motor vehicle insurance” while expressly excluding excess insurance: “With respect to a policy which grants excess or additional coverage over that required by NRS 485.3091, the term ‘motor vehicle liability policy ’ applies only to that part of the…”
Salas v. Allstate Rent-A-Car, Inc., 14 P.3d 511 (Nev. 2000).
“See NRS 485.3091. After settling with CSAA, the Salases filed an action against Allstate alleging that the injuries sustained were greater than the $30,000.”
Arata v. Faubion, 161 P.3d 244 (Nev. 2007).
“In this, they note that, under NRS 485.3091(1)(b), an owner’s policy of liability insurance insures any person using the motor vehicle with the express or implied permission of the named insured.”
Washoe Cnty. Bd. of Sch. Trs. v. Pirhala, 435 P.2d 756 (Nev. 1968).
· cites it 2× “3091(6) (a) which provides: “The liability of the insurance carrier with respect to the insurance required by this chapter shall become absolute whenever injury or damage covered by such motor vehicle liability policy occur * * NRCP 1 which states that the rules shall be…”
Baker v. Criterion Ins., 805 P.2d 599 (Nev. 1991).
“However, this court concluded that the statutory minimum provided by NRS 485.3091 2 made the car insured and barred recovery of UM/UIM benefits.”
Nev. Rev. Stat. § 485.3091(1): 5 cases
Federated Am. Ins. v. Granillo, 835 P.2d 803 (Nev. 1992).
“Omaha later requested reimbursement from Federated for *562 Bernardo’s accident contending that, under NRS 485.3091(1), 1 individual exclusions are valid only for claims exceeding the statutory minimum of $15,000.”
Nev. Rev. Stat. § 485.3091(1)(b): 1 case
Arata v. Faubion, 161 P.3d 244 (Nev. 2007).
“In this, they note that, under NRS 485.3091(1)(b), an owner’s policy of liability insurance insures any person using the motor vehicle with the express or implied permission of the named insured.”
Nev. Rev. Stat. § 485.3091(1)(b)(1): 3 cases
Nev. Rev. Stat. § 485.3091(2): 2 cases
Nev. Rev. Stat. § 485.3091(5): 1 case
Nev. Rev. Stat. § 485.3091(5)(a): 7 cases
Nev. Rev. Stat. § 485.3091(6): 2 cases
Washoe Cnty. Bd. of Sch. Trs. v. Pirhala, 435 P.2d 756 (Nev. 1968).
“3091(6) (a) which provides: “The liability of the insurance carrier with respect to the insurance required by this chapter shall become absolute whenever injury or damage covered by such motor vehicle liability policy occur * * NRCP 1 which states that the rules shall be…”
Nev. Rev. Stat. § 485.3091(6)(a): 1 case
Washoe Cnty. Bd. of Sch. Trs. v. Pirhala, 435 P.2d 756 (Nev. 1968).
“3091(6) (a) which provides: “The liability of the insurance carrier with respect to the insurance required by this chapter shall become absolute whenever injury or damage covered by such motor vehicle liability policy occur * * NRCP 1 which states that the rules shall be…”
Nev. Rev. Stat. § 485.3091(l)(b): 2 cases
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