SMITH v. HUTCHINS

No. 8745.

566 P.2d 1136 (1977)

Lawrence SMITH, Appellant, v. Ben Richard HUTCHINS, Respondent.

Supreme Court of Nevada.

Rehearing Denied August 26, 1977.


Attorney(s) appearing for the Case

Paul A. Richards, Reno, for appellant.

Vargas, Bartlett & Dixon and James S. Beasley, Reno, for respondent.


OPINION

THOMPSON, Justice:

This appeal from summary judgment for defendant places before us the propriety of applying the rule which precludes a plaintiff from splitting his cause of action for personal injury and property damage occurring simultaneously and traceable to a single tort to a case where one element of the plaintiff's damage (usually property) is the subject of insurance.

The plaintiff commenced a district court action to recover damages...

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