Las Vegas Insurance Bad Faith Lawyers
Sam Harding Law Firm have experience in handling Insurance Bad Faith cases in Las Vegas, Nevada. If you or a someone you know has suffered serious injury from an Insurance Bad Faith in the state of Nevada, we can help.
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:
- Prompt adjustment of the claim (pay it or deny it).
- Cooperate by explaining the requirements and benefits.
- Timely response to enquiries.
- When denying or reducing the claim give in writing the reasons referring to the policy rule he is relying on.
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.
- Non-disclosure of policy benefits to the insured
- Intentional misreading of policy provisions at the insured’s detriment
- Concealment of facts
- Failure to offer the insured a reasonable settlement
- Unreasonable delay in paying a claim
- Failure to promptly investigate
- Inadequate investigation
- Treating the insured as an adversary once a claim is made or an attorney is retained
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.