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Sciarratta v. Foremost Insurance Co. Grand Rapids Michigan

insurance policy

Court: Supreme Court of Nevada

Citation: 137 Nev. Adv. Op. No. 32

Opinion Date: July 8, 2021

Judge: Stiglich

Areas of Law: Insurance Law, Personal Injury

The Supreme Court affirmed the order of the district court finding that an exclusion in a personal umbrella liability insurance policy expressly excluding coverage for damages that are “payable to any insured” was valid and precluded coverage, holding that the district court did not err.

Plaintiff sought coverage for injuries he incurred as the passenger on a motorcycle that crashed. At the time of the crash, Plaintiff’s wife was named insured on a personal umbrella policy directly underwritten by Farmers Insurance Exchange. Farmers denied coverage under the umbrella policy under the exclusion at issue. Because Plaintiff was an insured under the umbrella policy, argued Farmers, he was not entitled to payment under the policy. The district court granted summary judgment for Farmers. The Supreme Court affirmed, holding (1) Nev. Rev. Stat. 687B.147 does not apply to umbrella policies; (2) an insured who alleges that exclusion was not disclosed must make that allegation in an affidavit rather than rely solely on the arguments of counsel; and (3) there was no other error on the part of the district court.

This case law update is brought to you by Freeway Law auto accident and personal injury law attorneys. The following is not one of our cases, but it is of some significance, and we thought we should share it with our readers for informational purposes. The information above is for informational purposes only and not to be construed as legal advice.

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