We have successfully represented clients for many years in lawsuits against their insurance companies.
You have certain rights in dealing with your insurance company. Your insurance company owes you a duty of good faith and fair dealing. It must treat you fairly, at all times, considering its interests at least equal to insured customer’s interests. The duty of good faith and fair dealing requires:
- Your insurance company to promptly pay your claim
- Your insurance company to conduct a fair and thorough investigation before denying your claim
- Your insurance company to disclose the factual and legal basis for the denial if it does deny your claim
Claims against Your Insurance Company
If your insurance company violates its duty of good faith and fair dealing, you may hold it accountable in a court of law. Generally, there are three claims that may be asserted against your insurance company:
(1) breach of contract
(2) breach of the duty of good faith and fair dealing (also known as insurance bad faith)
(3) breach of the Nevada Unfair Claims Practices Act
As a remedy, you may seek money for the harms and losses the insurance company has caused. Those harms and losses generally fit into three criteria:
(1) the amount of benefits that should have been paid in the first place
(2) any financial consequences caused by the insurance company’s conduct, like credit damage
(3) any emotional distress that was caused by the insurance company’s conduct
In instances where the insurance company consciously disregards your legal rights, the jury may also award punitive damages. Punitive damages are like a civil fine. They are damages designed to punish the insurance company for its conduct and to deter it and other insurance companies from engaging in similar conduct.
Our goal is help you understand your rights when dealing with an insurance company. If you think your insurance company is treating you unfairly, please contact us or call the office at (888) 640-0835.
May 6th, 2013
A bill passed last week bars out-of-state professional athletes from filing workers' compensation claims for cumulative trauma injuries in California. In the past, professional football, basketball, baseball, hockey and soccer players from other teams have filed workers' compensation claims in... Read more
April 22nd, 2013
A teenage driver, suspected of driving under the influence of drugs, was arrested and sent to the Clark County Detention Center April 1 after his car sailed through the air and landed onto a restaurant patio filled with diners eating... Read more
April 4th, 2013
Insurance policy holders in Nevada recovered $3,998,508 from insurance companies that were forced to pay consumers who filed complaints against the companies.
The announcement was made last month by the Nevada Division of Insurance. The Division is a consumer protection agency... Read more