Nev. Rev. Stat. § 690B.020

Coverage for uninsured or hit-and-run vehicles required; exceptions; insolvency of insurer; payment; presumption

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NRS 690B.020  Coverage for uninsured or hit-and-run vehicles required; exceptions; insolvency of insurer; payment; presumption.

      1.  Except as otherwise provided in this section and NRS 690B.035, no policy insuring against liability arising out of the ownership, maintenance or use of any motor vehicle may be delivered or issued for delivery in this State unless coverage is provided therein or supplemental thereto for the protection of persons insured thereunder who are legally entitled to recover damages, from owners or operators of uninsured or hit-and-run motor vehicles, for bodily injury, sickness or disease, including death, resulting from the ownership, maintenance or use of the uninsured or hit-and-run motor vehicle. No such coverage is required in or supplemental to a policy issued to the State of Nevada or any political subdivision thereof, or where rejected in writing, on a form furnished by the insurer describing the coverage being rejected, by an insured named therein, or upon any renewal of such a policy unless the coverage is then requested in writing by the named insured. The coverage required in this section may be referred to as “uninsured vehicle coverage.”

      2.  The amount of coverage to be provided must be not less than the minimum limits for liability insurance for bodily injury provided for under chapter 485 of NRS, but may be in any greater amount.

      3.  For the purposes of this section, the term “uninsured motor vehicle” means a motor vehicle:

      (a) With respect to which there is not available at the Department of Motor Vehicles evidence of financial responsibility as required by chapter 485 of NRS;

      (b) With respect to the ownership, maintenance or use of which there is no liability insurance for bodily injury or bond applicable at the time of the crash or, to the extent of such deficiency, any liability insurance for bodily injury or bond in force is less than the amount required by NRS 485.210;

      (c) With respect to the ownership, maintenance or use of which the company writing any applicable liability insurance for bodily injury or bond denies coverage or is insolvent;

      (d) Used without the permission of its owner if there is no liability insurance for bodily injury or bond applicable to the operator;

      (e) Used with the permission of its owner who has insurance which does not provide coverage for the operation of the motor vehicle by any person other than the owner if there is no liability insurance for bodily injury or bond applicable to the operator; or

      (f) The owner or operator of which is unknown or after reasonable diligence cannot be found if:

             (1) The bodily injury or death has resulted from physical contact of the automobile with the named insured or the person claiming under the named insured or with an automobile which the named insured or such a person is occupying; and

             (2) The named insured or someone on behalf of the named insured has reported the crash within the time required by NRS 484E.030, 484E.040 or 484E.050 to the police department of the city where it occurred or, if it occurred in an unincorporated area, to the sheriff of the county or to the Nevada Highway Patrol.

      4.  For the purposes of this section, the term “uninsured motor vehicle” also includes, subject to the terms and conditions of coverage, an insured other motor vehicle where:

      (a) The liability insurer of the other motor vehicle is unable because of its insolvency to make payment with respect to the legal liability of its insured within the limits specified in its policy;

      (b) The occurrence out of which legal liability arose took place while the uninsured vehicle coverage required under paragraph (a) was in effect; and

      (c) The insolvency of the liability insurer of the other motor vehicle existed at the time of, or within 2 years after, the occurrence.

Ê Nothing contained in this subsection prevents any insurer from providing protection from insolvency to its insureds under more favorable terms.

      5.  If payment is made to any person under uninsured vehicle coverage, and subject to the terms of the coverage, to the extent of such payment the insurer is entitled to the proceeds of any settlement or recovery from any person legally responsible for the bodily injury as to which payment was made, and to amounts recoverable from the assets of the insolvent insurer of the other motor vehicle.

      6.  A vehicle involved in a crash which results in bodily injury or death shall be presumed to be an uninsured motor vehicle if no evidence of financial responsibility is supplied to the Department of Motor Vehicles in the manner required by chapter 485 of NRS within 60 days after the crash occurs.

      (Added to NRS by 1971, 1777; A 1971, 1954; 1973, 839; 1977, 438; 1979, 1518; 1985, 1999; 1987, 1098; 2001, 2635; 2011, 114; 2015, 1695; 2021, 127)

     

Notes of Decisions
Cited in 41 cases, 1978–2019 · leading case: Estate LoMastro Ex Rel. LoMastro v. American Family Insurance Group
Estate LoMastro Ex Rel. LoMastro v. American Family Insurance Group (2008) nev · cites it 19× “31 An insurance policy may offer greater coverage, but it will be construed as offering at least the coverage required under NRS 690B.020. 32 The LoMastros’ policy with American Family provided: We will pay compensatory damages for bodily injury which an insured person is…”
Continental Insurance v. Murphy (2004) nev · cites it 8× “They base this argument upon the language of NRS 690B.020 and NRS 687B.145, as well as our case decisions stressing the strong public policy behind these mandated coverages, to wit: protection of persons insured against losses sustained at the hands of uninsured and underinsured…”
White v. Continental Insurance Co. (2003) nev · cites it 5× “’” 8 Uninsured vehicle coverage White’s automobile insurance coverage with Continental was written in compliance with NRS 690B.020, Nevada’s “uninsured vehicle coverage” statute.”
Mid-Century Insurance v. Daniel (1985) nev · cites it 7× “Any policy of insurance or endorsement providing coverage under the provisions of NRS 690B.020 or other policy of casualty insurance may provide that if the insured has coverage available to him under more than one policy or provision of coverage, any recovery or benefits may…”
Allstate Insurance v. Maglish (1978) nev · cites it 3× “NRS 690B.020 does not restrict an insured to the minimum UM coverage, and nowhere does it limit an insured to one coverage where multiple vehicles are insured.”
St. Paul Fire & Marine Insurance v. Employers Insurance Co. of Nevada (2006) nev · cites it 4× “NRS 690B.020.[ 17 ] The School District nevertheless decided to provide an extra benefit to its workers by purchasing such coverage.”
Hartz v. Mitchell (1991) nev · cites it 5× “145, which covers the statutory obligations applicable *896 to both uninsured and underinsured motorist coverage, expressly refers to NRS 690B.020, the earlier uninsured motorist statute.”
Grayson v. State Farm Mutual Automobile Insurance (1999) nev · cites it 4× “[3] Under NRS 690B.020, an insured has a claim against the carrier as soon as the insured under the policy becomes "legally entitled to recover damages" from the uninsured motorist—that is, as of the time of the accident.”
Kern v. Nevada Insurance Guaranty Ass'n Ex Rel. Azstar Casualty Co. (1993) nev · cites it 7× “As previously indicated, NRS 690B.020 is intended to deal with uninsured or hit-and-run vehicles.”
Simpson v. Farmers Insurance (1979) kan · cites it 2× “§ 83-11-103 [1972]); Nevada (Nev. Rev. Stat. § 690B.020 [1977]); New York ( N.”
Peacock v. Harper (1979) nev · cites it 6× “In order to permit appellant to recover under his policies we would be required to reconstruct NRS 690B.020 to define an “uninsured motor vehicle” as a motor vehicle whose coverage, no matter how large, is inadequate in relation to the damages suffered by the injured party.”
Martin v. James River Ins. Co. (2019) nvd · cites it 2× “" Nev. Rev. Stat. § 690B.020(1). Under Nevada law, a named insured's waiver of insurance coverage binds all other insureds.”
— Nev. Rev. Stat. § 690B.020(1) — 15 cases
Estate LoMastro Ex Rel. LoMastro v. American Family Insurance Group (2008) nev “31 An insurance policy may offer greater coverage, but it will be construed as offering at least the coverage required under NRS 690B.020. 32 The LoMastros’ policy with American Family provided: We will pay compensatory damages for bodily injury which an insured person is…”
Hartz v. Mitchell (1991) nev “145, which covers the statutory obligations applicable *896 to both uninsured and underinsured motorist coverage, expressly refers to NRS 690B.020, the earlier uninsured motorist statute.”
Martin v. James River Ins. Co. (2019) nvd “" Nev. Rev. Stat. § 690B.020(1). Under Nevada law, a named insured's waiver of insurance coverage binds all other insureds.”
Allstate Insurance v. Maglish (1978) nev “NRS 690B.020 does not restrict an insured to the minimum UM coverage, and nowhere does it limit an insured to one coverage where multiple vehicles are insured.”
— Nev. Rev. Stat. § 690B.020(2) — 5 cases
Continental Insurance v. Murphy (2004) nev “They base this argument upon the language of NRS 690B.020 and NRS 687B.145, as well as our case decisions stressing the strong public policy behind these mandated coverages, to wit: protection of persons insured against losses sustained at the hands of uninsured and underinsured…”
Peacock v. Harper (1979) nev “In order to permit appellant to recover under his policies we would be required to reconstruct NRS 690B.020 to define an “uninsured motor vehicle” as a motor vehicle whose coverage, no matter how large, is inadequate in relation to the damages suffered by the injured party.”
— Nev. Rev. Stat. § 690B.020(3) — 3 cases
Estate LoMastro Ex Rel. LoMastro v. American Family Insurance Group (2008) nev “31 An insurance policy may offer greater coverage, but it will be construed as offering at least the coverage required under NRS 690B.020. 32 The LoMastros’ policy with American Family provided: We will pay compensatory damages for bodily injury which an insured person is…”
Peacock v. Harper (1979) nev “In order to permit appellant to recover under his policies we would be required to reconstruct NRS 690B.020 to define an “uninsured motor vehicle” as a motor vehicle whose coverage, no matter how large, is inadequate in relation to the damages suffered by the injured party.”
— Nev. Rev. Stat. § 690B.020(3)(a) — 1 case
White v. Continental Insurance Co. (2003) nev “’” 8 Uninsured vehicle coverage White’s automobile insurance coverage with Continental was written in compliance with NRS 690B.020, Nevada’s “uninsured vehicle coverage” statute.”
— Nev. Rev. Stat. § 690B.020(3)(b) — 2 cases
Estate LoMastro Ex Rel. LoMastro v. American Family Insurance Group (2008) nev “31 An insurance policy may offer greater coverage, but it will be construed as offering at least the coverage required under NRS 690B.020. 32 The LoMastros’ policy with American Family provided: We will pay compensatory damages for bodily injury which an insured person is…”
— Nev. Rev. Stat. § 690B.020(3)(c) — 1 case
— Nev. Rev. Stat. § 690B.020(3)(f) — 2 cases
Estate LoMastro Ex Rel. LoMastro v. American Family Insurance Group (2008) nev “31 An insurance policy may offer greater coverage, but it will be construed as offering at least the coverage required under NRS 690B.020. 32 The LoMastros’ policy with American Family provided: We will pay compensatory damages for bodily injury which an insured person is…”
— Nev. Rev. Stat. § 690B.020(3)(f)(1) — 2 cases
Estate LoMastro Ex Rel. LoMastro v. American Family Insurance Group (2008) nev “31 An insurance policy may offer greater coverage, but it will be construed as offering at least the coverage required under NRS 690B.020. 32 The LoMastros’ policy with American Family provided: We will pay compensatory damages for bodily injury which an insured person is…”
Kern v. Nevada Insurance Guaranty Ass'n Ex Rel. Azstar Casualty Co. (1993) nev “As previously indicated, NRS 690B.020 is intended to deal with uninsured or hit-and-run vehicles.”
— Nev. Rev. Stat. § 690B.020(3)(f)(7) — 1 case
— Nev. Rev. Stat. § 690B.020(3)(f)(l) — 2 cases
Estate LoMastro Ex Rel. LoMastro v. American Family Insurance Group (2008) nev “31 An insurance policy may offer greater coverage, but it will be construed as offering at least the coverage required under NRS 690B.020. 32 The LoMastros’ policy with American Family provided: We will pay compensatory damages for bodily injury which an insured person is…”
Kern v. Nevada Insurance Guaranty Ass'n Ex Rel. Azstar Casualty Co. (1993) nev “As previously indicated, NRS 690B.020 is intended to deal with uninsured or hit-and-run vehicles.”
— Nev. Rev. Stat. § 690B.020(5) — 1 case
— Nev. Rev. Stat. § 690B.020(7) — 2 cases
Mid-Century Insurance v. Daniel (1985) nev “Any policy of insurance or endorsement providing coverage under the provisions of NRS 690B.020 or other policy of casualty insurance may provide that if the insured has coverage available to him under more than one policy or provision of coverage, any recovery or benefits may…”
— Nev. Rev. Stat. § 690B.020(l) — 1 case
Peacock v. Harper (1979) nev “In order to permit appellant to recover under his policies we would be required to reconstruct NRS 690B.020 to define an “uninsured motor vehicle” as a motor vehicle whose coverage, no matter how large, is inadequate in relation to the damages suffered by the injured party.”
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