Senate Bill No. 313–Senator Shaffer
March 4, 1999
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Referred to Committee on Commerce and Labor
SUMMARY—Requires insurer to obtain express written acceptance of coverage from insured if coverage for medical expenses is included in policy of motor vehicle insurance. (BDR 57-989)
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:
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Section 1. NRS 687B.145 is hereby amended to read as follows: 687B.145 1. Any policy of insurance or endorsement providing1-3
coverage under the provisions of NRS 690B.020 or other policy of casualty1-4
insurance may provide that if the insured has coverage available to him1-5
under more than one policy or provision of coverage, any recovery or1-6
benefits may equal but not exceed the higher of the applicable limits of the1-7
respective coverages, and the recovery or benefits must be prorated1-8
between the applicable coverages in the proportion that their respective1-9
limits bear to the aggregate of their limits. Any provision which limits1-10
benefits pursuant to this section must be in clear language and be1-11
prominently displayed in the policy, binder or endorsement. Any limiting1-12
provision is void if the named insured has purchased separate coverage on1-13
the same risk and has paid a premium calculated for full reimbursement1-14
under that coverage.1-15
2. Except as otherwise provided in subsection 5, insurance companies1-16
transacting motor vehicle insurance in this state must offer, on a form1-17
approved by the commissioner, uninsured and underinsured vehicle2-1
coverage in an amount equal to the limits of coverage for bodily injury sold2-2
to an insured under a policy of insurance covering the use of a passenger2-3
car. The insurer is not required to reoffer the coverage to the insured in any2-4
replacement, reinstatement, substitute or amended policy, but the insured2-5
may purchase the coverage by requesting it in writing from the insurer.2-6
Each renewal must include a copy of the form offering such coverage.2-7
Uninsured and underinsured vehicle coverage must include a provision2-8
which enables the insured to recover up to the limits of his own coverage2-9
any amount of damages for bodily injury from his insurer which he is2-10
legally entitled to recover from the owner or operator of the other vehicle to2-11
the extent that those damages exceed the limits of the coverage for bodily2-12
injury carried by that owner or operator.2-13
3. An insurance company transacting motor vehicle insurance in this2-14
state must offer an insured , under a policy covering the use of a passenger2-15
car, the option of purchasing coverage in an amount of at least $1,000 for2-16
the payment of reasonable and necessary medical expenses resulting from2-17
an accident. The offer must be made on a form that:2-18
(a) Is separate from the policy;2-19
(b) Contains a space for the insured to indicate whether he accepts the2-20
coverage; and2-21
(c) Is approved by the commissioner. The insurer must obtain the2-22
express written acceptance of the coverage from the insured before it2-23
may charge the insured for the coverage.2-24
The insurer is not required to reoffer the coverage to the insured in any2-25
replacement, reinstatement, substitute or amended policy, but the insured2-26
may purchase the coverage by requesting it in writing from the insurer.2-27
Each renewal must include a copy of the form offering such coverage.2-28
4. An insurer who makes a payment to an injured person on account of2-29
underinsured vehicle coverage as described in subsection 2 is not entitled to2-30
subrogation against the underinsured motorist who is liable for damages to2-31
the injured payee. This subsection does not affect the right or remedy of an2-32
insurer under subsection 5 of NRS 690B.020 with respect to uninsured2-33
vehicle coverage. As used in this subsection, "damages" means the amount2-34
for which the underinsured motorist is alleged to be liable to the claimant in2-35
excess of the limits of bodily injury coverage set by the underinsured2-36
motorist’s policy of casualty insurance.2-37
5. An insurer need not offer, provide or make available uninsured or2-38
underinsured vehicle coverage in connection with a general commercial2-39
liability policy, an excess policy, an umbrella policy or other policy that2-40
does not provide primary motor vehicle insurance for liabilities arising out2-41
of the ownership, maintenance, operation or use of a specifically insured2-42
motor vehicle.3-1
6. As used in this section:3-2
(a) "Excess policy" means a policy that protects a person against loss in3-3
excess of a stated amount or in excess of coverage provided pursuant to3-4
another insurance contract.3-5
(b) "Passenger car" has the meaning ascribed to it in NRS 482.087.3-6
(c) "Umbrella policy" means a policy that protects a person against3-7
losses in excess of the underlying amount required to be covered by other3-8
policies.~