Progressive Gulf Ins. Co. v. Faehnrich, No. 09-16487 - U.S. Ninth Circuit
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Progressive Gulf Ins. Co. v. Faehnrich, No. 09-16487

Auto Accident Insurance Matter

In Progressive Gulf Ins. Co. v. Faehnrich, No. 09-16487, an action by an insurer seeking a declaration that the family member exclusion in an auto insurance policy barred recovery for defendants arising out of a car accident, the Ninth Circuit certified the following question to the Supreme Court of Nevada: Does Nevada's public policy preclude giving effect to a choice-of-law provision in an insurance contract that was negotiated, executed, and delivered while the parties resided outside of Nevada, when that effect would deny any recovery under Nevada Revised Statutes section 485.3091 to Nevada residents who were injured in Nevada?

 

As the court wrote:  "Pursuant to Rule 5 of the Nevada Rules of Appellate Procedure, we respectfully certify to the Supreme Court of Nevada the question of law set forth in Section III of this order. That question will determine an issue pending before this court. No precedent in the decisions of the Supreme Court of Nevada controls that issue."

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