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When an insurance company denies a claim, that denial decision might not only be incorrect under the terms of the insurance policy, but also might be in bad faith. When determining whether or not an insurance company acted in bad faith, a court will use the “reasonable” standard. The court will evaluate the actions of […]
Failure to Defend One of the protections provided under an automobile policy, a homeowner’s insurance policy or commercial general liability policy is liability coverage. Liability coverage protects the insured (i.e. you) against a claim or lawsuit resulting from bodily injury or property damage to others. Included in such protection is the insurance company’s promise to […]
A number of cases have been filed in the wake of the January 2008 Fernley Flood wherein Leverty & Associates Law Chtd. has been named as class counsel. See below for more information regarding these lawsuits. Reynolds, ET AL. v. TCID, ET AL. (Third Judicial District, Case No. CI 18948) In a victory for the […]
Cancer and Specified Disease Insurance provides benefits, usually directly payable to you, if you get the identified disease the policy specifically covers. A good example of this type of coverage is the coverage offered by AFLAC. There are many different types of these policies and the benefits vary considerably between insurers and even various insurance […]
“How often do you find that you need to go to trial? When you’re negotiating with an insurance company, how often do they settle? How often do you go to trial? And, which is better?” It is hard to say if there is any one way that is better than the other, as every situation […]
ERISA refers to the Employee Retirement Income Security Act, a federal law which was enacted in 1974. ERISA applies to “employee benefit plans” which includes “employee pension benefit plans” and “employee welfare plans.” An employee welfare plan means any program established by or through an employer or union for the purpose of providing (through an […]
Every insurance company has a duty to deal fairly with their insured and to give as much consideration to the interest of the insured as it gives to the insurance company’s own interest. The insurance company is required to help the insured with their claim. Whether an insurance company’s actions arise to the level of […]
Prohibited acts by insurance companies can include asserting an exclusion that doesn’t apply, or blatantly denying a claim, even though there is overwhelming evidence showing that they should have accepted the claim. Another prohibited act is to delaying payment unreasonably. In Nevada, if you have a loss and need to make a claim under your […]
Q: What is the appeal process if my claim is wrongfully denied? When an insurance company denies your claim wrongfully, the appeal process depends on the language of the policy. Common in homeowners insurance policies is a suit limitation provision. In Nevada, a typical statute of limitation for breach of contract (in this case, failure […]
Insurance companies will sometimes try to deny a claim arguing that the damage was an “Act of God.” In the insurance industry, an “Act of God” is an unforeseen, naturally occurring event, like a huge tree branch falling on your house during a storm. The insurance company may deny this claim, arguing that you knew […]
