ALLSTATE INS. CO. v. THORPE

No. 44467.

170 P.3d 989 (2007)

ALLSTATE INSURANCE COMPANY; Chubb Custom Insurance Company; Farmers Insurance Exchange; Geico; Horace Mann Insurance Company; Liberty Mutual Fire Insurance Company; State Farm Mutual Automobile Insurance Company; 21st Century Insurance Company; and California State Automobile Association, Appellants, v. Ted THORPE, M.D., by and on Behalf of Himself and all others similarly situated; and A & M Chiropractic Wellness Center, LLC, a Nevada Limited Liability Company, by and on Behalf of Itself and all others similarly situated, Respondents.

Supreme Court of Nevada.

November 21, 2007.


Attorney(s) appearing for the Case

Breeden & Herbe, Ltd., and Adam J. Breeden, Las Vegas, for Appellant California State Automobile Association.

Burton Bartlett & Glogovac and Scott A. Glogovac, Reno; Jackson Walker LLP and Kevin T. Crocker and David T. Moran, Dallas, TX; Sonnenschein Nath & Rosenthal and Steven M. Levy, Chicago, IL; Vinson & Elkins and Russell Yager, Dallas, TX, for Appellants Allstate Insurance Company and Horace Mann Insurance Company.

Hale Lane Peek Dennison & Howard and J. Stephen Peek, Las Vegas, for Appellant Chubb Custom Insurance Company.

Laxalt & Nomura, Ltd., and Bruce R. Laxalt and Kerry Zachariasen Malone, Reno, for Appellant 21st Century Insurance Company.

Lewis & Associates, LLC, and Lewis J. Gazda and Samuel A. Kitterman Jr., Las Vegas, for Appellant Liberty Mutual Fire Insurance Company.

Lewis & Roca, LLP, and Martha J. Ashcraft and Jason M. Kerr, Las Vegas, for Appellant Farmers Insurance Exchange.

Selman Breitman, LLP, and Kim E. Ferrari and Theodore J. Kurtz, Las Vegas, for Appellant State Farm Mutual Automobile Insurance Company.

Snell & Wilmer, LLP, and Kelly A. Evans, Las Vegas, for Appellant GEICO.

Frank C. Cook, Las Vegas; Harrison Kemp & Jones, LLP, and Jennifer C. Dorsey, J. Randall Jones, and P. Kyle Smith, Las Vegas, for Respondents.

Before the Court En Banc.


OPINION

By the Court, HARDESTY, J.:

Nevada's so-called "prompt-pay" statute, NRS 690B.012, requires casualty insurers to approve and pay, or deny, casualty claims, including claims for medical payment benefits, within a limited time frame. Under the statute, an insurer must pay interest on any untimely claims payments.

In this appeal, we consider whether NRS 690B.012 grants private rights of action to medical services providers who administer...

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