Question 4

Friday, Oct. 15, 2004 | 5:03 a.m.

Ballot Question 4, "The Insurance Rate Reduction and Reform Act," proposed by plaintiffs' attorneys, is a proposed amendment to the Nevada Constitution that would also have to be approved in the November 2006 general election before taking effect. It would:

PRO: Plaintiffs' attorneys, who fought the 2002 state law that established the cap on damages for pain and suffering in medical malpractice cases, argue that insurance companies should have already lowered their malpractice rates but have failed to do so.

CON: Insurers say that the Nevada Supreme Court has ruled that insurance rate rollbacks are unconstitutional because they deprive insurance companies of making a fair return. Doctors also oppose this measure because they see it as a veiled attempt to do away with the caps on damages for pain and suffering. The Legislative Counsel Bureau, the legal arm of the Legislature, also issued an opinion that cast doubts about the ability of this measure to lower automobile insurance rates because of the way the Nevada Insurance Division applies the law.

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