Readers will recall that I recently posted about the new Nevada legislation requiring liability insurance policies issued in the state to provide for defense costs outside the limits – in other words, expressly requiring that liability insurers’ payment of defense costs will not erode the limit of liability. This new legislation caused a great deal of concern, both among insurers and insureds. On July 21, 2023, and in response to the concerns, the Nevada Department of Insurance, acting through the state’s Insurance Commissioner, adopted an Emergency Regulation to aid the implementation of the new statute. The Emergency Regulation itself, as well as the Insurance Commissioner’s July 20, 2023, letter to the Nevada Governor explaining the regulatory action, can be found here. In addition, the Department has also separately published Guidance to Insurers with respect to the Emergency Regulation, which can be found here.