SUMMARY--Provides for recovery of damages from insurer after death of insured. (BDR 3-1231)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to insurance; providing for recovery from an insurer of damages arising under a policy covering a deceased beneficiary; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 NRS 41.100 is hereby amended to read as follows:
41.1001. Except as otherwise provided in this section and NRS 179A.230, no cause of action is lost by reason of the death of any person, but may be maintained by or against his executor or administrator.
2. In an action against an executor or administrator, any damages may be awarded which would have been recovered against the decedent if he had lived, except damages awardable under NRS 42.005 or 42.010 or other damages imposed primarily for the sake of example or to punish the defendant.
3. Except as otherwise provided in this subsection, when a person who has a cause of action dies before judgment, the damages recoverable by his executor or administrator include all losses or damages which the decedent incurred or sustained before his death, including any penalties or punitive and exemplary damages which the decedent would have recovered if he had lived, and damages for pain, suffering or disfigurement and loss of probable support, companionship, society, comfort and consortium. This subsection does not apply to the cause of action of a decedent brought by his personal representatives for his wrongful death.
4. The executor or administrator of the estate of a beneficiary of a policy of insurance may recover on behalf of the estate, or of an heir or a legatee of the beneficiary, any loss arising out of a breach by the insurer of an obligation under the policy, including consequential damages.
5. This section does not prevent subrogation suits under the terms and conditions of an uninsured motorists' provision of an insurance policy.