Assembly Bill No. 10–Assemblyman Collins (by request)
Prefiled January 7, 1999
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Referred to Committee on Commerce and Labor
SUMMARY—Revises requirements for uninsured vehicle coverage. (BDR 57-689)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. NRS 690B.020 is hereby amended to read as follows: 690B.020 1. Except as otherwise provided in this section and NRS1-3
690B.035, no policy insuring against liability arising out of the ownership,1-4
maintenance or use of any motor vehicle may be delivered or issued for1-5
delivery in this state unless coverage is provided therein or supplemental1-6
thereto for the protection of persons insured thereunder who are legally1-7
entitled to recover damages, from owners or operators of uninsured or hit-1-8
and-run motor vehicles, for bodily injury, sickness or disease, including1-9
death, resulting from the ownership, maintenance or use of the uninsured or1-10
hit-and-run motor vehicle. No such coverage is required in or supplemental1-11
to a policy issued to the State of Nevada or any political subdivision1-12
thereof, or where rejected in writing, on a form furnished by the insurer1-13
describing the coverage being rejected, by an insured named therein, or1-14
upon any renewal of such a policy unless the coverage is then requested in1-15
writing by the named insured. The coverage required in this section may be1-16
referred to as "uninsured vehicle coverage."1-17
2. The amount of coverage to be provided must be not less than the1-18
minimum limits for liability insurance for bodily injury provided for under2-1
chapter 485 of NRS, but may be in an amount not to exceed the coverage2-2
for bodily injury purchased by the policyholder.2-3
3.2-4
motor vehicle" means a motor vehicle:2-5
(a) With respect to which there is not available at the department of2-6
motor vehicles and public safety evidence of financial responsibility as2-7
required by chapter 485 of NRS;2-8
(b) With respect to the ownership, maintenance or use of which there is2-9
no liability insurance for bodily injury or bond applicable at the time of the2-10
accident, or, to the extent of such deficiency, any liability insurance for2-11
bodily injury or bond in force is less than the amount required by NRS2-12
485.210;2-13
(c) With respect to the ownership, maintenance or use of which the2-14
company writing any applicable liability insurance for bodily injury or2-15
bond denies coverage or is insolvent;2-16
(d) Used without the permission of its owner if there is no liability2-17
insurance for bodily injury or bond applicable to the operator;2-18
(e) Used with the permission of its owner who has insurance which does2-19
not provide coverage for the operation of the motor vehicle by any person2-20
other than the owner if there is no liability insurance for bodily injury or2-21
bond applicable to the operator;2-22
(f) The owner or operator of which is unknown or after reasonable2-23
diligence cannot be found if:2-24
(1) The bodily injury or death has resulted from physical contact of2-25
the2-26
claiming under him or with2-27
named insured or such a person is occupying; and2-28
(2) The named insured or someone on his behalf has reported the2-29
accident within the time required by NRS 484.223, 484.225 or 484.227 to2-30
the police department of the city where it occurred, or if it occurred in an2-31
unincorporated area, to the sheriff of the county or to the Nevada highway2-32
patrol2-33
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(g) The owner or operator of which is unknown or after reasonable2-35
diligence cannot be found if:2-36
(1) The bodily injury or death was proximately caused by the owner2-37
or operator without physical contact of the motor vehicle with the named2-38
insured or the person claiming under him or with a motor vehicle which2-39
the named insured or such a person is occupying;2-40
(2) The description by the named insured or the person claiming2-41
under him of how the bodily injury or death occurred is corroborated by a2-42
witness to the occurrence other than the named insured or the person2-43
claiming under him; and3-1
(3) The named insured or someone on his behalf has reported the3-2
accident within the time required by NRS 484.223, 484.225 or 484.227 to3-3
the police department of the city where it occurred, or if it occurred in an3-4
unincorporated area, to the sheriff of the county or to the Nevada3-5
highway patrol.3-6
4. As used in this section ,3-7
includes, subject to the terms and conditions of coverage, an insured other3-8
motor vehicle where:3-9
(a) The liability insurer of the other motor vehicle is unable because of3-10
its insolvency to make payment with respect to the legal liability of its3-11
insured within the limits specified in its policy;3-12
(b) The occurrence out of which legal liability arose took place while the3-13
uninsured vehicle coverage required under paragraph (a) was in effect; and3-14
(c) The insolvency of the liability insurer of the other motor vehicle3-15
existed at the time of, or within 2 years after, the occurrence.3-16
3-17
prevent any insurer from providing protection from insolvency to its3-18
insureds under more favorable terms.3-19
5. If payment is made to any person under uninsured vehicle coverage,3-20
and subject to the terms of the coverage, to the extent of such payment the3-21
insurer is entitled to the proceeds of any settlement or recovery from any3-22
person legally responsible for the bodily injury as to which payment was3-23
made, and to amounts recoverable from the assets of the insolvent insurer3-24
of the other motor vehicle.3-25
6. A vehicle involved in a collision which results in bodily injury or3-26
death shall be presumed to be an uninsured motor vehicle if no evidence of3-27
financial responsibility is supplied to the department of motor vehicles and3-28
public safety in the manner required by chapter 485 of NRS within 60 days3-29
after the collision occurs.3-30
Sec. 2. The amendatory provisions of this act apply to a policy of3-31
insurance against liability arising out of the ownership, maintenance or use3-32
of a motor vehicle that is delivered, issued for delivery or renewed on or3-33
after October 1, 1999.~