Rubin v. State Farm Mutual Automobile Insurance

OPINION

By the Court,

Maupin, C. L:

In this case, we are asked by the United States Court of Appeals for the Ninth Circuit to answer two certified questions:

1. Under Nevada law, does a provision in an automobile insurance policy excluding coverage for medical expenses resulting from bodily injury for which workers’ compensation is payable apply to medical expenses that are paid by workers’ compensation but recovered from a third-party tortfeasor?

2. If the exclusionary clause is interpreted to apply to those expenses, does it violate Nevada public policy?

As we conclude that the policy exclusion…