Igert v. State Farm Mut. Auto. Ins. Co., 7666
| Decision Date | 16 April 1975 |
| Docket Number | No. 7666,7666 |
| Citation | 533 P.2d 1365,91 Nev. 240 |
| Parties | Ernestine IGERT, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Respondent. |
| Court | Nevada Supreme Court |
Ernestine Igert, while driving an automobile, collided with an automobile driven by an uninsured motorist and sustained bodily injuries for which she incurred medical and hospital expenses in the amount of $1,154.10. Subsequently, and with the approval of her counsel, she negotiated a settlement with her own insurance company, State Farm, for the sum of $3,000 and executed a release 'in full settlement and final discharge of all claims under the policy because of bodily injuries known and unknown . . ..'
The district court deemed the release to preclude her present action to recover medical and hospital expenses. We agree, since her complaint does not allege fraud, duress, mistake or any other basis for avoiding the release. Sibson v. Farmers Insurance Group, 88 Nev. 417, 498 P.2d 1331 (1972); Las Vegas Ins. Adjusters v. Page, 88 Nev. 16, 492 P.2d 616 (1972).
Affirmed.
To continue reading
Request your trial
-
Jones v. State Bd. of Medicine
... ... Latah Co., 78 Idaho 99, 298 P.2d 979 (1956) ... 667 (1917). See also, Lasky v. State Farm Insurance Co., 296 So.2d 9, 17 (Fla.1974), ... ...
-
Ferrell v. Southern Nevada off-Road Enthusiasts, Ltd.
...absent an allegation of fraud, duress or mistake. Jones v. Revell 92 Nev. 635, 555 P.2d 1327 (1976); Igert v. State Farm Mut. Automobile Ins. Co., 91 Nev. 240, 533 P.2d 1365 (1975)." Respondent then goes on to state that "[e]very other jurisdiction in which a race car driver signed a contra......
-
Russ v. General Motors Corp.
...claim. In two other release cases, Von Zehner v. Truck Ins. Exch., 99 Nev. 152, 659 P.2d 879 (1983), and Igert v. State Farm Mut. Auto. Ins., 91 Nev. 240, 533 P.2d 1365 (1975), we affirmed dismissal orders because each defendant's liability was discharged by a release. In both Von Zehner an......
-
Magpiong v. Superdry Retail LLC
...879, 881–82 (1983) (enforcing a settlement agreement that released "all claims, known or unknown"); Igert v. State Farm Mut. Auto. Ins. Co. , 91 Nev. 240, 533 P.2d 1365, 1366 (1975) (enforcing an agreement that released "all claims under the policy because of bodily injuries known and ...