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STATE FARM MUT. AUTO. INS. CO. v. FITTS

No. 42233.

99 P.3d 1160 (2004)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Ike FITTS, Respondent.

Supreme Court of Nevada.

November 10, 2004.

Attorney(s) appearing for the Case

Pearson, Patton, Shea, Foley & Kurtz, P.C., and Niels L. Pearson, Las Vegas, for Appellant.

Crockett & Myers and J.R. Crockett Jr. and James V. Lavelle III, Las Vegas, for Respondent.

Bradley Drendel & Jeanney and Thomas E. Drendel, Reno, for Amicus Curiae Nevada Trial Lawyers Association.

Before the Court En Banc.

OPINION

MAUPIN, J.

In response to a certified question submitted by the Nevada Federal District Court,1 we consider whether Nevada automobile insurers may contractually alter the statutory time frame within which an insured may file a claim for uninsured or underinsured motorist benefits. Although we do not entirely foreclose the possibility, we hold that the alteration provision before us is unenforceable and therefore...

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