amazon.com v. Cessna

claim pursuant to this subsection is not effective unless notice is given as required by this subsection."); NRS 616C.235(1)(b) (providing that the insurer may close a claim only if the claimant does not timely contest the closure). Further, as the claim remains open, the appeals officer properly reversed the hearing officer's decisions in the concurrent administrative appeals denying transfer of care and medical expense reimbursement, and the appeals officer properly concluded that the reopening issue was moot. Because the hearing officer improperly dismissed the administrative appeal as untimely and the appeals officer reversed without determining whether closure was warranted, the merits were not heard. In their reply brief, appellants ask that this court remand for a merits determination. Under NRS 616C.235(1)(a), however, appellants' failure to properly serve their notice of claim closure renders the closure ineffective. Accordingly, a merits determination with respect to that notice is not warranted, and we

ORDER the judgment of the district court AFFIRMED. n--; )

J.

Saitta ■Ia

Gibbons Pickering cc: Hon James Todd Russell, District Judge

James Georgeson, Settlement Judge •

Gninasso Law, Ltd.

Kinney & Levinson

Carson City Clerk

SUPREME COURT

OF

NEVADA (01 1947A