Appealing a Denial of A Claim Under Your Homeowners Insurance

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 to pay under according to the insurance contract) is six years. Often, however, these insurance policies have a suit limitation period requiring the insured to bring suit within one year of the date of the loss if they disagree with the denial of coverage.

That’s a relatively short period of time, so anyone who receives a denial from their insurance company that they disagree with must act quickly and explore their options with an experienced insurance attorney.

Q: Is there a government agency I can go to for help?

In every state, including Nevada, there is governmental agency set up to help with disputes with insurance companies. In Nevada, you would go to the Nevada Division of Insurance, and they will help you file a complaint against the insurer. But with the one-year suit limitation built into most policies that can limit you to within one year of the claim, time is not on your side.

If you are going to make fight a denial from your insurance company, you should also do the same with the division of insurance and consult with a seasoned insurance attorney, so that no suit limitation provision is violated if you need to file a suit.

Attorney Patrick Leverty

Attorney Patrick LevertyWith his master’s in insurance law, Patrick routinely helps individuals and businesses who are having issues with their insurance company. He also has extensive experience with personal injury actions, complex tort actions, product liability matters, and class actions. Patrick Leverty is rated AV by Martindale Hubbell (the highest rating) and has been granted membership in the Million Dollar Advocate Forum, and Multi-Million Dollar Advocate Forum. Patrick Leverty has been certified as a Personal Injury Specialist by the State Bar of Nevada. [ Attorney Bio ]

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