State guide · West
Nevada subrogation law guide
The insured recovers if its negligence is not greater than the combined negligence of the defendants, with damages reduced by its share. At 51% or more the claim is barred.
Nevada at a glanceNV
- Property damage
- 3 years
- Bodily injury
- 2 years
- Fault rule
- Modified, 51% bar
- Gov. notice
- None
Overview
Nevada splits its limitation periods in a way that catches multi-line files: 3 years for property damage under NRS 11.190(3)(c) but only 2 years for bodily injury under 11.190(4)(e), with 6 years on written contracts. Comparative fault uses a 51% bar measured against all defendants combined. Joint liability depends on the insured's own conduct: when the insured shares fault, defendants are severally liable for their own percentages unless the case involves strict liability, a defective product, toxic substances, intentional torts or concerted action, but a fault-free insured can collect the whole judgment from any defendant. The economic loss doctrine is strict for building claims, because Nevada treats plumbing, heating and similar integrated systems as part of the building, which shapes water and HVAC recoveries in the Las Vegas and Reno markets. Auto is a traditional tort system, since no-fault was repealed in 1980, and med pay subrogation clauses are void. Tort claims against the State and local governments need no pre-suit notice, though damages are capped by statute. Tenants are co-insureds under a landlord's fire policy absent an express lease term.
Quick reference with citations
- Property damage SOL
- 3 years
- NRS 11.190(3)(c)
- Bodily injury SOL
- 2 years
- NRS 11.190(4)(e)
- Product liability
- 2 years for injury claims (NRS 11.190(4)(e)). Product-caused property damage is generally pleaded under the 3-year property period, though some practitioners argue for 4 years under NRS 11.190, so file inside 2 to 3 years. No product statute of repose; construction claims carry a 10-year repose from substantial completion (NRS 11.202).
- Written contract
- 6 years
- Contract and indemnity recoveries
- Comparative fault rule
- Modified, 51% bar
- NRS 41.141
- Government notice of claim
- No general statutory pre-suit notice
- No pre-suit notice requirement. NRS 41.036 directs claimants to file tort claims with the Attorney General (State) or the governing body of a political subdivision within 2 years after accrual, but filing is expressly not a condition precedent to suit. Damages against the State and political subdivisions are capped under NRS 41.035, and punitive damages are unavailable.
Fault rule in practice
How Nevada's rule changes a $50,000 recovery.
The insured recovers if its negligence is not greater than the combined negligence of the defendants, with damages reduced by its share. At 51% or more the claim is barred.
Authority: NRS 41.141
| Insured's share of fault | Recoverable in NV | Under pure comparative |
|---|---|---|
| 0% | $50,000 | $50,000 |
| 20% | $40,000 | $40,000 |
| 50% | $25,000 | $25,000 |
| 60% | Barred | $20,000 |
Doctrines that move the number
Nevada doctrine checklist.
Made-whole doctrine
The Nevada Supreme Court recognized the made-whole doctrine as a general equitable principle in Canfora v. Coast Hotels & Casinos, Inc., but held that clear contract language excluding it will be enforced. Medical payments subrogation clauses in auto policies are void as against public policy (Maxwell v. Allstate Ins. Co., 728 P.2d 812 (Nev. 1986)).
Economic loss doctrine
Nevada applies the doctrine strictly to bar negligence and strict liability claims for purely economic loss (Terracon Consultants W., Inc. v. Mandalay Resort Group, 206 P.3d 81 (Nev. 2009)). A building's plumbing and heating systems are integrated parts of the building, so when they fail and damage only the building, the loss is economic (Calloway v. City of Reno).
Joint and several liability
Where the plaintiff's comparative negligence is at issue, each defendant is severally liable for its own share (NRS 41.141), except in strict liability, intentional tort, toxic or hazardous substance, concerted action and defective product cases. If the insured is free of fault, defendants remain jointly and severally liable.
Anti-subrogation and waiver
Absent an express lease provision to the contrary, a tenant is a co-insured under the landlord's fire policy, and the landlord's insurer cannot subrogate against a negligent tenant (Safeco Ins. Co. v. Capri).
Practice notes
Working Nevada subrogation files.
- 1
Whether the insured shares any fault changes how the judgment is collected. On a $50,000 water loss caused by a plumber and a property manager, a fault-free insured can collect the full $50,000 from either. If the insured is assigned 20%, with the plumber at 50% and the manager at 30%, the recovery drops to $40,000 and each defendant owes only its own share: $25,000 and $15,000.
- 2
Calendar Nevada auto files twice. The carrier's property damage subrogation runs 3 years, but the injured insured's bodily injury claim runs only 2, and med pay paid on that claim cannot be recovered because Nevada voids med pay subrogation clauses. Coordinate with the insured's attorney so a broadly worded bodily injury release does not compromise the property claim.
- 3
Water and HVAC losses need early documentation of other property. Under Calloway, failure of an integrated building system that damages only the structure is economic loss, and federal courts have treated toilet flush valves and installed HVAC units the same way. Damage to contents, inventory and neighboring units is other property and remains recoverable in tort, so break it out separately in the estimate.
- 4
Claims against Clark County, the City of Las Vegas or other political subdivisions need no pre-suit notice, but filing with the governing body under NRS 41.036 is still good practice. Discretionary function immunity under NRS 41.032 defeats many design and storm water claims, while negligent vehicle operation and failure to maintain traffic control devices are generally actionable.
- 5
Ishqkala runs two SOL clocks on Nevada auto files, 3 years for property and 2 years for injury, and scores water claims lower when adjuster notes show damage confined to the structure, since Calloway can turn those into economic loss. Files with contents or adjacent-unit damage keep full tort value.
Key cases
Canfora v. Coast Hotels & Casinos, Inc.
121 P.3d 599 (Nev. 2005)
Recognized the made-whole doctrine as a general principle of Nevada insurance law but held that a contract that clearly excludes it will be enforced as written.
Safeco Ins. Co. v. Capri
705 P.2d 659 (Nev. 1985)
A landlord's fire insurer cannot subrogate against a tenant for negligently caused fire damage absent an express agreement, because the tenant pays for the coverage through rent and is treated as a co-insured.
Calloway v. City of Reno
993 P.2d 1259 (Nev. 2000)
The economic loss doctrine bars negligence and strict liability claims for construction defects that damage only the building, treating integrated systems such as plumbing and heating as part of the whole (overruled in part on other grounds).
Inter-company arbitration
Arbitration Forums handles most Nevada inter-company auto physical damage and property subrogation, with compulsory jurisdiction up to $100,000 in company-paid damages for signatories. AF's Medical Payments forum is compulsory only where med pay subrogation is permitted, and Nevada voids those clauses, so med pay filings do not belong there. With a 3-year property period, there is time to arbitrate first, but non-signatory contractors and self-insured businesses still need suit inside that window.
How Ishqkala applies this guide
NV rules, built into every score.
- Opportunities with a Nevada loss state are calendared against the 3 years property damage period or the 2 years bodily injury period, whichever controls the claim type.
- The insured's estimated fault share is applied under modified, 51% bar before recoverable dollars are scored.
- Public-entity claims are flagged for counsel review because notice and immunity rules vary by entity.
- Alerts fire at 180, 90, 45 and 15 days before the controlling deadline.
Other modified, 51% bar jurisdictions
FAQ
Nevada subrogation FAQ
3 years (NRS 11.190(3)(c)). A subrogating carrier generally takes the insured's claim subject to the same limitation period, usually measured from the date of loss.
Modified, 51% bar (NRS 41.141). The insured recovers if its negligence is not greater than the combined negligence of the defendants, with damages reduced by its share. At 51% or more the claim is barred.
No pre-suit notice requirement. NRS 41.036 directs claimants to file tort claims with the Attorney General (State) or the governing body of a political subdivision within 2 years after accrual, but filing is expressly not a condition precedent to suit. Damages against the State and political subdivisions are capped under NRS 41.035, and punitive damages are unavailable.
The Nevada Supreme Court recognized the made-whole doctrine as a general equitable principle in Canfora v. Coast Hotels & Casinos, Inc., but held that clear contract language excluding it will be enforced. Medical payments subrogation clauses in auto policies are void as against public policy (Maxwell v. Allstate Ins. Co., 728 P.2d 812 (Nev. 1986)).
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