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Nelson v. Planet Ins. Co.11/30/1995
short-term lessee against liability arising out of his negligence in the operation of the rented vehicle in limits of not less than $15,000 for any one person injured or killed and $30,000 for any number more than one, injured or killed in any one accident, and against liability of the short-term lessee for property damage in the limit of not less than $10,000 for one accident, is jointly and severally liable with the short-term
[111 Nev. 1373, Page 1379]
lessee for any damages caused by the negligence of . . . any person operating the vehicle by or with the permission of the short-term lessee . . . .
(Emphasis added.) The rental agreement refers to Tressler as the renter, and we consider this the same as a short-term lessee as used in the statute. See NRS 482.053(4). Nelson argues that NRS 482.305 imposes liability on Sun Belt, but his reliance on this statute is misplaced. NRS 482.305 only requires the short-term lessor (Sun Belt) to provide coverage for the short-term lessee (Tressler) and anyone else who has the short-term lessee's permission to drive. Nelson has never claimed that Tressler gave him permission to drive the rental vehicle. In fact, there is no evidence in the record to establish that Tressler even knew Nelson. Yvonne gave verbal permission to Nelson, but she is an additional authorized driver, not the short-term lessee. Therefore, Yvonne did not have the power to authorize another to drive the vehicle. See Selected Risks Ins. Co. v. Miller, 175 A.2d 584 (Md. 1961). Accordingly, Sun Belt has no obligation to provide coverage to Nelson pursuant to NRS 482.305.
CONCLUSION
We conclude that the insurance policy and rental agreement provided no coverage for Nelson's use of the vehicle and imposed no duty on Planet to defend him; nor was Sun Belt obligated to provide coverage, pursuant to NRS 482.305, for a person given permission to drive by an authorized driver who is not the short-term lessee. The district court correctly granted summary judgment in favor of Sun Belt and Planet and we affirm.
Opinion Footnotes}
1 In her statement to the police, Yvonne's female companion identified the Hispanic youths as members of the "Little Loco" gang who do not get along with the "KB" gang to which the female companion and Yvonne belong.
2 The facts recounted in this paragraph are taken from a police report made by the North Las Vegas Police Department following an investigation into the homicide of Karlas.
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