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Basically an insurance company must treat all its clients in good faith in the execution of its insurance contract. An insurance company is liable if the policyholder sustains damages as a result of failure of the insurance company to treat the policyholder in good faith. Bad faith is when the insurance company does not abide by the terms and conditions set down in the policy and refuses to pay a legitimate claim. The insurance company has a duty of good faith when dealing with the client. Good faith is: Failure to do these activities results in "bad faith". Some examples of bad faith are as follows; however; the list is in no way exhaustive. When dealing with an insurance company, after making a claim, the best thing to do is to put everything in writing and to get everything in writing. Phone calls are all right for quick contacts get the adjuster to put the company's position in writing. Expect to deal with a professional who will put the company's interests ahead of yours in order to save the company money. Bad faith cases can be filed two years from the date of the insurance company's misconduct. It is difficult to determine the statute of limitations so it is best to contact an attorney immediately if one feels that the insurance company is not keeping its end of the bargain. One does not have to accept the insurance company's definition if one thinks that the wording of the policy means something different than what the insurance company says. The law recognizes that some wordings are vague and the courts have developed rules of interpretation if the wording is not clear. In this case the courts will favor an interpretation that supports the insured rather than one that would deny coverage. Insurance companies treat policyholders unfairly because they think they can get away with it. This is because the policyholder does not have the money for an attorney or feels that it is not worth taking on a large corporation. Nowadays juries are letting insurance companies know that they will not tolerate unfair behavior. Most legal firms and attorneys take bad faith cases on a contingency basis meaning that the policyholder does not have to pay unless there is a recovery and then only it is percentage of the total recovery. The policyholder is well within his rights to sue for breach of contract if the insurance company breaches the policy and denies any claims, which are due. Besides recovery of the claim additional damages may also be awarded, including punitive damages. Juries will take into account the policyholder's embarrassment, loss of reputation, mental pain and suffering. IF YOU OR SOMEONE YOU KNOW HAS BEEN SERIOUSLY INJURED, YOU NEED THE LAW FIRM OF BOURGAULT & HARDING CALL 800.880.1438 Copyright 2006 - All Rights Reserved Bourgault & Harding, A Law Firm 1100 East Bridger Ave, Las Vegas, NV 89101 tel 702.384.8023 fax 702.384.5731 Nevada Insurance Bad Faith Attorneys Disclaimer: The Las Vegas Auto Accidents, and Big-Rig Accidents, Motorcycle Accidents, Bicycle Accidents, Airplane Accidents, Bus & Train Accidents, Pedestrian Accidents, Boating & Watercraft Accidents, Swimming Pool Accidents, Amusement Park Accidents, Construction Site Accidents, Drunk Driver Accidents, Defective Roads Accidents, Wrongful Death, Spinal Cord Injury, Traumatic Brain Injury, Burn Injury, Animal Attacks/Dog Bite, Slip and Fall Accidents, Premises Liability, Dangerous Drugs Litigation, Defective Medical Devices, Medical Malpractice, Legal Malpractice, Product Liability, Toxic Substances in Nevada. Please contact a Nevada Personal Injury Lawyer, Las Vegas Personal Injury Attorney. This web site is not intended to solicit clients for matters outside of the state of Nevada. ©2006 The Law Offices of Bourgault & Harding. Las Vegas, Nevada Personal Injury Lawyers, serving the communities of: Las Vegas, Clark County Nevada.
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