1

Accrual

Accrual-Whendealingwithstatutesthatdonotspecifywhenacauseof action accrues, the discovery rule applies. See Bemis v. Estate of Bemis, 114 Nev. 1021, 1025 n.1 (1998)

2

DiscoveryRule

Generally,acauseofactionaccruesonthedateof injury or the date the party should reasonably have discovered the injury and its causal relationship to some action of the defendant. See Beazer Homes Nev., Inc. v. Eighth Judicial Dist. Court, 120 Nev. 575, 585, 97 P.3d 1132 (2004); Pope v. Gray, 104 Nev. 358, 760 P.2d 763 (1988)

3

Disabilities that Toll Running of a Statute

Other than actions to recover real property, if the person entitled to bring the action is either a minor (under 18 years of age), insane, or was a minor in the custodial care of the State (except when the person is imprisoned, paroled, or on probation) when the action accrued, the applicable time is tolled until all disabilities are removed. NRS 11.250; NRS 11.360; NRS 11.370.

4

StatutoryLimitations

a. Bodily Injury & Wrongful Death - Within 2 years. NRS 11.190(4)(e). b. Personal Property Damage - Within 3 years. NRS 11.190(3)(c). c. Real Property Damage - Actions for waste or trespass of real property must be brought within 3 years. NRS 11.190(3)(b). A 4 year limitation period applies to suits concerning tortious damage to real property (other than waste or trespass). Oak Grove Investors v. Bell & Gossett Co., 99 Nev. 616, 621, 668 P.2d 1075, 1078 (1983).

5

Contractual Obligations in Writing

Within 6 years. NRS 11.190(1)(b). Nevada courts have determined various causes of action fall under the 6 year limitations period:

6

Uninsured Motorist

Because insurance policies are contracts, NRS 11.190(1)(b)'s 6-year period of limitation applies to actions for breach of an insurance policy. A claim for breach of an insurance contract does not accrue until a claimant calls on the insurer to satisfy its duties under the contract and thereafter the insurer fails to do so. See Grayson v. State Farm Mut. Auto. Ins., 114 Nev. 1379, 971 P.2d 798 (1998).

7

Additional Insured

The period begins to run on the date the contract was breached, i.e., when the insurer formally denies coverage benefits. See State Farm Mut. Auto. Ins. Co. v. Fitts, 120 Nev. 707, 711, 99 P.3d 1160, 1162 (2004).

8

Express Indemnity

As is the general rule for statutes of limitation, a breach of contract cause of action accrues at the time the "litigant discovers, or reasonably should have discovered, facts giving rise to the action." Beazer Homes Nev., Inc. v. Eighth Judicial Dist. Court, 120 Nev. 575, 585, 97 P.3d 1132 (2004).

9

Contract Obligations Not in Writing

Within 4 years. NRS 11.190(2)(c). Nevada courts have determined various causes of action fall under the 4 year limitations period: (1) Equitable Indemnity - The applicable statute of limitation for an equitable indemnity claim is that of implied contract, not of the underlying tort. Saylor v. Arcotta, 126 Nev. Adv. Rep. 9, 225 P.3d 1276, 1278 (2010). A cause of action for indemnity or contribution accrues when payment is made. Aetna Ins. & Sur. v. Aztec Plumbing Corp., 106 Nev. 474, 476, 796 P.2d 227 (1990)

10

"Catch-All" Statute

For actions not specifically provided for by statute, a 4 year statute of limitation applies. NRS 11.220

11

Contribution

A party seeking contribution by separate action must commence the action within one year after the judgment has become final. NRS 17.285. A cause of action for indemnity or contribution accrues when payment is made. Aetna Ins. & Sur. v. Aztec Plumbing Corp., 106 Nev. 474, 476, 796 P.2d 227 (1990)

12

Declaratory Actions

NRS 30.040(1) allows "[a]ny person interested under a deed, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract or franchise and obtain a declaration of rights, status or other legal relations thereunder." The prescriptions of the Nevada Rules of Civil Procedure apply to requests for declaratory judgment. NRCP 57.

13

A declaratory judgment does not carry with it the element of coercion

As a declaratory judgment does not carry with it the element of coercion, merely determining the legal rights of the parties without undertaking to compel either party to take some affirmative act, a request for declaratory relief does not present a "cause of action" as contemplated by NRS Chapter 11, Nevada's statutes of limitation. See Aronoff v. Katleman, 75 Nev. 424, 345 P.2d 221 (1959); Dredge Corp. v. Wells Cargo, 80 Nev. 99, 102, 389 P.2d 394, 396 (1964). Rather, the Nevada Supreme Court has held such requests to be similar to thenature of defense, noting that "[l]imitations do not run against defenses." Dredge Corp., 80 Nev. at 102, 389 P.2d at 396.

14

Medical or Dental Malpractice

Actions for injury or death against a provider of health care may not be commenced more than 3 years after the date of injury or 1 year after the plaintiff discovers or reasonably should have discovered the injury, whichever occurs first. NRS 41A.097. The time limitation is tolled during any period during which the health care provider conceals any act, error, or omission upon which the action is based and which it knows or reasonably should know. NRS 41A(3)

15

Residential Construction Defect Claims

Must satisfy both the applicable statutes of limitations and the applicable statutes of repose (discussed below). The 4 year limitation period begins to run at the time the plaintiff learns, or in the exercise of reasonable diligence should have learned, of the harm to the property caused by a construction defect. See Tahoe Village Homeowners Ass'n v. Douglas County, 106 Nev. 660, 662-663, 799 P.2d 556, 558 (1990).