Anna Rubin v. State Farm Mutual Automobile Insurance Company
Opinion
Opinion
Hug, J.
This appeal involves a question of Nevada state law upon which there was no clear precedent, and which was an essential determinant of this appeal. We certified two questions to the Nevada Supreme Court, which accepted the certification and rendered its decision.
Background
The background of the case is set forth in the order of certification ( 222 F.3d 750 ), which we repeat here for clarity of this opinion.
On February 15, • 1994, appellant Anna Marie Rubin was injured in an automobile accident while picking up supplies for her business. Because the accident occurred in the course of Rubin’s employment, Rubin submitted her medical bills to Nevada’s State Industrial Insurance System (“SIIS”). SIIS paid her medical expenses and some lost wages and other costs, but informed Rubin that she was required to reimburse SIIS if she recovered any damages from the other parties involved in the accident. Rubin sued the other parties involved in her accident and eventually reached a compromise settlement with both defendants. Rubin states that she subsequently reimbursed SIIS for 80% of the medical expenses it paid and that she is in negotiation with SIIS regarding the other 20%…