Bad Faith Insurance Attorneys Serving Las Vegas and All of Nevada
The Las Vegas insurance bad faith lawyers at Burg Simpson know how frustrating and frightening it can be when an insurance company refuses to honor your policy. As a policyholder, you dutifully pay your premiums to ensure that insurance is there when you need it. Sadly, these companies have a long and proven history of dealing unfairly with clients, causing unnecessary delays, denying valid claims, and otherwise acting in bad faith.
At Bug Simpson, our attorneys have decades of combined experience handling insurance disputes and helping policyholders get the compensation they are entitled to. We have a comprehensive understanding of Nevada insurance laws, enabling us to address even the most complex cases. We are here to review your claim, discuss your rights, and help you decide how best to pursue justice.
Call Burg Simpson at 702-668-2070 to schedule a FREE and confidential claim review. Our Las Vegas insurance bad faith lawyers welcome clients from all areas of Nevada.
Examples of Insurance Bad Faith
Insurance bad faith is governed by the Unfair Claims Practices Act in the state of Nevada. This law clearly defines bad faith and details the rights of policyholders to seek redress. Examples of bad faith insurance include:
Improper Claim Handling
- Unjustified Denial of Coverage. Rejecting a claim without valid reasons.
- Failure to Communicate Relevant Information. Not providing necessary information to the insured.
- Failure to Conduct a Reasonable Claim Investigation. Not investigating a claim adequately or professionally.
- Claim Refusal without Investigation. Denying a claim without even conducting an initial investigation.
- Undue Delay in Processing Claims. This includes delays in denying or paying a claim and delays in confirming or denying coverage.
- Offering Less Money to Settle. Proposing a settlement substantially lower than the true value of the claim.
- Undue Delay in Providing Explanation. Not promptly explaining the reasons for claim denial.
Unfair Settlement Negotiations
- Failure to Attempt a Fair Settlement. Not working towards a reasonable agreement when liability is evident.
- Failure to Enter Negotiations. Avoiding any negotiation for claim settlement.
- Failure to Respond to Time-Limit Demands. Ignoring demands that come with a time restriction.
- Failure to Disclose Policy Limits. Not revealing the limitations of the policy to the insured.
Failure of Duties in Defense and Indemnification:
- Indemnification. Insurance companies must defend suits or judgments against the insured, including any claim that could potentially fall within the policy coverage.
- Improper Defense or Failure to Pay Judgment. Courts have ruled that an insurer that does not give equal consideration to the insured’s interests as its own is liable for resulting judgments against the insured, even if exceeding policy limits. Bad faith occurs if the insurer fails to pay the judgment or improperly defends the lawsuit leading to it.
If you suspect your insurance company is acting in bad faith—even for reasons not listed above—we are here to assess your case free of charge and help you determine the best course of action.
What Can I Do If My Insurance Company Acts in Bad Faith?
Insurance companies often make decisions based on financial calculations, determining whether it’s more cost-effective to pay your claim or make you fight for it. If paying is deemed more expensive, they may deny your claim, delay payment, defend against any lawsuits you file, or a combination of these tactics.
However, it’s essential to recognize that insurance companies are bound by the principles of “good faith and fair dealing,” which requires they:
- Investigate Claims Quickly and Thoroughly
- Pay Valid Claims Promptly
- Maintain Open Communication with Policyholders
When an insurance company fails to act in good faith, it’s best to discuss your options with an experienced bad faith attorney. Insurance companies understand the law and will leverage their understanding against you. Having an experienced and knowledgeable insurance bad faith lawyer levels the field—and offers you protection against the tactics insurance may use to try and cheat you out of compensation.
How Much Time Do I Have to File a Bad Faith Claim in Nevada?
In Nevada, the statute of limitations for an insurance bad faith claim is typically four years. Failure to file a claim within this period will likely result in a loss of your right to pursue legal action.
Four years might seem like a significant amount of time, but it is always best to talk to an attorney as soon as bad faith occurs. Waiting to file can increase your financial burden and add unforeseen complications to your claim. Acting swiftly helps to resolve the matter in a shorter period, getting you the compensation you deserve when you need it most and helping to restore your peace of mind.
What Damages Can I Recover Through an Insurance Bad Faith Claim?
If your insurance company has acted in bad faith in Nevada, you may be able to recover the original worth of the claim in addition to:
- Punitive Damages. When an insurance company acts with malice, punitive damages might be awarded.
- Judgments Exceeding Policy Limits. A court may award damages beyond what is covered in the policy.
- Emotional Distress Damages. Compensation for mental anguish caused by the insurer’s bad faith actions.
- Economic Loss. This can encompass any losses stemming from the insurance company’s misconduct.
- Attorney’s Fees. These can be set as a flat rate or established on a contingency basis.
The amount of damages you can recover through legal action will depend on the specifics of your claim. The best way to determine the worth of your insurance bad faith case is through a cost-and-obligation-free consultation with a qualified attorney.
The Las Vegas insurance bad faith lawyers at Burg Simpson welcome the opportunity to meet with you, hear your story, and help you understand the damages you may be entitled to seek.
Are All Insurers Required to Act in Good Faith?
Insurers, regardless of the type of insurance they provide, have a legal obligation to act in good faith toward their policyholders. When they fail to do so, policyholders are entitled to seek compensation for all related damages.
Our attorneys can assist with insurance bad faith claims involving:
- Motor Vehicle Insurance
- Homeowners and Renters Insurance
- Health and Disability Insurance
- Life Insurance
- Travel Insurance
- Business Insurance
- And More
The overarching principle is that insurance companies must handle claims promptly, investigate them thoroughly, and communicate openly and honestly with policyholders no matter which sector they serve. When they fail to uphold their end of the agreement, policyholders have every right to seek compensation through an insurance bad faith lawsuit.
ERISA’s Impact on Bad Faith Claims Involving Health and Life Insurance
The Employee Retirement Income Security Act of 1974 (ERISA) can sometimes complicate insurance bad faith claims against life and health insurers. Under ERISA, state laws that relate to employee benefit plans might be preempted, limiting or altering your options for filing a claim.
This preemption can sometimes make it more challenging to bring a bad faith claim against an insurer, especially if the policy falls under an employer-sponsored plan governed by ERISA.
Because ERISA may significantly affect the rights and remedies available in a bad faith insurance claim, it’s best to consult with legal professionals with experience in both insurance law and ERISA. Las Vegas bad faith attorney Jack F. DeGree focuses his practice on this type of case. A Fellow of the National Association of Distinguished Counsel, Attorney DeGree has the experience and resources needed to handle even the most complex insurance bad faith claims.
The Las Vegas Insurance Bad Faith Lawyers at Burg Simpson Are Here to Help!
If you have become frustrated with the way your insurance company is treating your claim—whether it involves a motor vehicle accident, a house fire, a personal injury, or anything else—you have every right to seek fair and full compensation. However, bad faith lawsuits can be exceedingly complex and require the assistance of insurance lawyers who have years of experience handling these types of cases.
Tenacious, experienced, and dedicated to justice, our bad faith attorneys have the resources to overcome the deep pockets of insurance companies. We are prepared to stand by your side, protect your best interests, and fight for every penny you are due.
Good Lawyers. Changing Lives.®
To schedule your FREE case review with our Las Vegas insurance bad faith lawyer, contact us online or call 702-668-2070 today. We welcome cases from Paradise, Henderson, North Las Vegas, and all nearby areas of Nevada.
