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In Your Experience, Do Defendants Prefer Class Actions, or Do They Prefer to Fight Cases Individually?

It depends on the specifics of the case.

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Insurance Bad Faith Scenarios

Recently we have taken a few cases against homeowners’ insurance where an exclusion doesn’t apply, but the insurance company claims it applies.

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Individual Damages in A Class Action

People often ask whether everyone in a class action gets the same amount.

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Dealing with Your Health Insurance Company in Writing

When you’re having a dispute with your insurance company, do your best to make sure that all communications are in writing. By minimizing the use of the telephone, you have a written set of documents showing what has transpired and the history of the claim.

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Punitive Damages in Bad Faith

In Nevada, you can get punitive damages against the insurance company if you are able to show that it acted with malice, fraud or oppression.

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The Role of The Special Master in A Class Action

In the case of a class action where liability is established by a court and the damages need to be calculated person by person, a Special Master would be appointed to figure out the individual damages for every person. But, there are different types of Special Masters.

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Class Actions and Differing Injuries

Often when a large group of people are injured by the same defendant, the injuries vary from person to person. Differing damages do not prevent a class action.

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What Is a Class Action?

A class action is a lawsuit where people join together in a single lawsuit because they have similar or the same injuries caused by actions or a product of a defendant.

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Private Health Insurance and Bad Faith

In the case of private insurance, for example, through Obamacare, when an insurance company refuses to pay for out-of-network medical treatment, the cost of the services are out of pocket for the parents. We’re asked sometimes whether something like this amounts to insurance bad faith.

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Health Insurance And ERISA

When a health insurance company has no “in network” providers and refuses to pay for necessary “out of network” treatment, it’s a difficult question about whether it constitutes bad faith.

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