State Farm Mutual Automobile Insurance v. Fitts

OPINION

By the Court, Maupin, J.:

In response to a certified question submitted by the Nevada Federal District Court,1 we consider whether Nevada automobile insurers may contractually alter the statutory time frame within which an insured may file a claim for uninsured or underinsured motorist benefits. Although we do not entirely foreclose the possibility, we hold that the alteration provision before us is unenforceable and therefore void as against Nevada public policy.

INTRODUCTION

Automobile liability insurance policies issued for delivery in Nevada must, subject to narrowly defined…