- Assembly Bill No. 421-Committee on Judiciary
CHAPTER
164
- AN ACT relating to tortfeasors; revising the provisions governing the effect of a release or covenant not to sue; and providing other matters properly relating thereto.
[Approved June 20, 1997]
- THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 17.245 is hereby amended to read as follows:
17.245 1. When a release or a covenant not to sue or not to enforce judgment is given in good faith to one of two or more persons liable in tort for the same injury or the same wrongful death:
[1.] (a) It does not discharge any of the other tortfeasors from liability for the injury or wrongful death unless its terms so provide , [;] but it reduces the claim against the others to the extent of any amount stipulated by the release or the covenant, or in the amount of the consideration paid for it, whichever is the greater; and
[2.] (b) It discharges the tortfeasor to whom it is given from all liability for contribution and for equitable indemnity to any other tortfeasor.
2. As used in this section, "equitable indemnity" means a right of indemnity that is created by the court rather than expressly provided for in a written agreement.
Sec. 2. NRS 17.265 is hereby amended to read as follows:
17.265Except as otherwise provided in NRS 17.245, the provisions of NRS 17.225 to 17.305, inclusive, do not impair any right of indemnity under existing law. Where one tortfeasor is entitled to indemnity from another, the right of the indemnity obligee is for indemnity and not contribution, and the indemnity obligor is not entitled to contribution from the obligee for any portion of his indemnity obligation.
Sec. 3. This act becomes effective upon passage and approval.
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