Insurance Disputes
The Rose Law Office represents clients who are in disputes with their insurance companies arising out of the insurer’s unreasonable failure to comply with their obligations under the terms of the insurance policy and pursuant to Nevada’s Unfair Claims Practices Act. Such claims can arise from the insurer’s bad faith handling of the claim or defense, delay or underpayment of claim or failure to defend a claim. The Rose Law Office often represents clients in connection with the underlying personal injury claim (i.e. auto accidents, pedestrian accidents, trucking accidents, motorcycle accidents, professional (medical/dental) malpractice and/or defective products) out of which the insurance disputes arise.
If you are involved in a dispute with your insurance company (auto, home, health, disability, commercial etc.) contact The Rose Law Office at (775) 777-7777 for a free no obligation consultation.
What is Insurance Bad Faith?
Pursuant to Nevada law, implied in every insurance policy/contract is a duty of good faith and fair dealing. In other words, every insurance company owes their customers (insureds) a duty to treat them in good faith and to deal with them fairly. Stated differently, an insurance company must not act unreasonably toward their insured. An insurance company acts in bad faith when it breaches its duty of good faith and fair dealing owed to its insured.
The duty of good faith and fair dealing, along with Nevada’s Unfair Claims Practices Act, require your insurance company to, among other obligations, timely and appropriately adjust your valid claims, pay claims when the insurer’s liability has become reasonably clear, comply with insurance policy terms and, at a minimum, place its insured’s interests on equal footing with its own.
Unfortunately, most insurance companies’ goal is to delay, deny and underpay claims to increase the corporate coffers. Insurance companies know that if they wrongfully delay, deny or underpay 100 claims, only a very small percentage of those harmed by the wrongful conduct will take any action. It is all a numbers game. If the company can save $1,000,000 by wrongfully delaying, denying or underpaying 100 claims and only have to pay $100,000 to the 10 claimants who challenge their wrongful conduct, the company just made $900,000. The insurance companies know they can get away with this conduct, as people believe that their insurance company is there to protect them. Such is not the case!
If your insurance company has acted unreasonably toward you, whether in the processing of your claim or defending/indemnifying you on a claim against you, you may be entitled to financial compensation for the damages caused by the bad faith conduct.
The Rose Law Office has successfully handled numerous insurance bad faith cases and knows how to protect you from your insurance company’s bad faith and other unlawful conduct. Contact The Rose Law Office at (775) 777-7777 for a free no obligation consultation.
Why Hire an Experienced Insurance Bad Faith Lawyer?
Insurance bad faith law and cases can be very complex. Consequently, it is extremely important that you consult an attorney who understands insurance law and how they affect your claims. The Rose Law Office has successfully handled to fruition multiple insurance bad faith cases for more than 25 years. We have the knowledge and experience to pursue your insurance bad faith claim efficiently and effectively to recover the benefits to which you are entitled. The Rose Law Office has handled bad faith claims arising from the following types of insurance policies:
- Homeowner’s Insurance
- Automobile Underinsured/Uninsured Motorist Insurance
- Automobile Medical Payments Insurance
- Disability Insurance
- Commercial Trucking Insurance
- Life insurance
If you believe your insurance company has acted unreasonably or has failed to comply with the terms of your insurance policy, contact The Rose Law Office at (775) 777-7777 for a free no obligation consultation.
Delay, Deny and Underpay
Under both the Nevada Unfair Claims Practices Act and the duty of good faith and fair dealing, an insurance company is obligated to promptly and fully pay claims when its liability has become reasonably clear. When an insurer unreasonably denies or reduces the amount owed on a claim, the insured (i.e. policyholder) may have a basis for a legal action against the insurance company.
Unfortunately, in our experience, many insurance companies unreasonably delay, deny and underpay claims in breach of their obligations of good faith and fair dealing. For instance, many insurance adjusters will unreasonably demand that the insured provide unnecessary, irrelevant and duplicative documents, despite the insurer’s liability being reasonably clear and the insurer having the obligation to adjust the claim, not the insured. Such conduct is intended to delay and create baseless arguments to underpay the claim. If conduct such as this has occurred to you, you may have a possible insurance bad faith claim. Contact The Rose Law Office at (775) 777-7777 for a free no obligation consultation to learn your rights.
Failure to Defend
In every liability insurance policy (i.e. auto, homeowners, trucking, commercial), there is a duty on the insurance company to defend its policy holder on any claims arising out of a covered loss. For instance, if you are in an accident that is a result of your negligence and injure another person, the injured party files a lawsuit against you for their injuries and damages. In such a case, your insurance company has a duty to defend you in that action and to indemnify you for any damages up to the policy limits. An insurance company’s unreasonable refusal to defend or pursuing issues or defenses that could compromise coverage under the policy could give rise to an insurance bad faith action.
The Rose Law Office has helped numerous clients pursue insurance bad faith claims arising out of the insurance company’s breach of its duty to defend. Whether the insurance company has a duty to defend in a specific instance can involve complex and sophisticated legal considerations. Consequently, it is imperative that you hire an attorney with the knowledge and experience to properly evaluate those considerations.
Over the past 24 years, The Rose Law Office has dedicated significant time and resources pursuing insurance companies that have acted in bad faith and obtaining results for its clients who have been wrongfully deprived of the benefits of their insurance policy.
If you believe your insurance company has acted unreasonably, contact The Rose Law Office at (775) 777-7777 for a free no obligation consultation to learn your rights.