Hendrix v. Progressive Direct Ins. Co. (2:20-cv-01856-RFB-EJY)

Our client, a prominent insurance carrier, declined a claim by the plaintiff, a driver involved in a motor vehicle accident, against her fault-free passenger's UIM coverage.  Our firm successfully argued that under the plain terms of the policy, the plaintiff was not entitled to any coverage as she was not an insured person, not a relative, not a rated resident, and not a person occupying/operating a covered vehicle.  We further successfully argued that NRS 687B.147 was inapplicable to this case; instead, it is applicable only to liability insurance and a clear distinction exists between liability policies and UIM coverage.  As a result, our motion for summary judgment was granted and all of the plaintiff's claims were dismissed with prejudice.