Why Choose Leverty & Associates?
At Leverty & Associates, we know insurance law and the tricks and schemes some insurance companies pull on homeowners. We fight hard against unscrupulous and unreasonable insurance companies and get results for our clients. You don’t have to put up with stalled or denied claims. With our home insurance claim attorney representing you, we can hold an insurance company accountable for failing to honor its duties.
At Leverty & Associates, our clients have the benefit of working with a firm that has:
- Over $150 million of recovered compensation for clients
- Attorneys with over 100 years of combined experience
- A former deputy insurance commissioner as a partner
- Advanced training and knowledge in insurance law
- 24/7 access to a homeowners insurance lawyer.
Over the years, we have helped numerous clients deal with insurance companies that have harmed them through failure to fulfill their contractual duties. We may be able to help you, too. Call (702) 507-0201 to speak with a home insurance claim denial lawyer for a free consultation and to get started on your case.
Good Faith and Fair Dealing
Service and Respect for Policyholders
Insurance touches practically every level of society. In the most important aspects of our lives, including work, transportation, and homes, insurance is there to help protect our future.
Insurance companies that manage the millions of policies out there have the duty to act in good faith toward policyholders. Acting in good faith can be loosely described as behaving honestly and engaging in accepted standards of fair dealing. Failure to do so threatens the overall functionality of the insurance system and opens bad-acting insurance companies up to liability.
Insurance Company Duties
What exactly are the duties that insurance companies must discharge? Much will depend heavily on each policy, which is essentially a binding contract. However, there are basic rules of behavior that insurance companies must abide by to be considered operating in good faith.
In general, insurance companies are under the obligation to:
- Thoroughly investigate claims
- Communicate material information with policyholders
- Help their policyholders with the claim process
- Defend policyholders against third-party claims
- Distribute payouts in a timely manner.
When they do not discharge these duties properly, policyholders suffer needlessly at a time when they most need the coverage they have been paying for.
Bad Faith Actions
When it comes to homeowners insurance policies, an insurance company can act in bad faith in various ways. Each of these can lead to negative consequences for policyholders in desperate need of a payout or a vigorous defense.
1. Unreasonable Denial of Policy Benefits
Insurance companies acting in bad faith might deny what you know to be a valid insurance claim. The hope is that you will accept the denial and move on. Alternatively, some insurance companies deny valid claims temporarily, allowing them to retain funds until it is beneficial for the company (not the claimant) to release them.
2. Unreasonable Undervaluing of Losses in a Claim
Instead of outright denying your claim, an insurance company might try to reduce your claim by undervaluing your damages instead of outright denying it. Although there is always some disagreement as to the extent of damages in these matters, a line separates reasonable from unreasonable valuations.
3. Failure to Promptly Pay a Claim
As stated, insurance companies may sometimes retain policyholder funds for a time until a payout is beneficial to the company. For example, an insurance company with solvency issues may delay a cash payment to a policyholder until its books are in better shape.
4. Failure to Defend the Policyholder Against Third Parties
If an individual breaks their leg on your stairs and sues you, your insurance company is required to provide a strong defense on your behalf. Failure to do so is a breach of duty and may result in serious damages for you.
5. Failure to Investigate Claims in an Unbiased Manner
Once a homeowners insurance claim is filed, the insurance company has the obligation to investigate the claim diligently. Sometimes, the company will look only for evidence that will help them deny a claim, at the exclusion of evidence that supports it. For this reason, it is extremely helpful to have a home insurance attorney gather evidence and build a case to counter the insurance company’s efforts.
6. Failure to Communicate in a Timely and Adequate Fashion
Homeowners insurance companies are under strict rules that obligate them to communicate claims matters to policyholders in a timely fashion. However, many companies fail to provide claimants with material information when mandated, even in this instant and effortless communication age.
7. Proving Bad Faith Claims
To get relief from a bad-acting insurance company, your home insurance claim attorney must prove that certain conditions exist, including:
- The existence of a valid insurance contract between you and the insurer
- A failure of the insurance company to honor the terms of the policy
- Damages caused by the insurance company’s failure to pay.
As to the first bullet point, if valid, the contract between you and your insurance company satisfies the requirement as long as you have kept up your payments and have fulfilled other essential elements of the contract.
Regarding the second bullet point, there are various ways to prove that an insurance company acted in bad faith, such as:
- The terms of the policy itself
- Communications from the insurance company (emails and letters)
- Evidence supporting damages from the initial claim.
Of course, insurance companies vigorously fight any allegations of bad faith. They often claim that any error they have made was a simple mistake. However, our experienced homeowners insurance lawyer is well aware of the difference between a simple mistake and blatant bad faith. Sadly, the latter is more common than it should be.
If you believe an insurance company is acting in bad faith toward you, contact Leverty & Associates as soon as possible. We can help you fight to get your policy paid in full and recover compensation for any losses you have. Call (702) 507-0201 today for a free consultation with a home insurance claim attorney.
How We Can Help You Fight Unfair Insurance Denials
Leverty & Associates can fight to potentially get the relief you need so you can move forward. Our experienced homeowners insurance claim denial attorney will review your case, take the appropriate steps to get your claim paid out in full, and hold the insurance company accountable for any damages you have incurred due to its bad faith actions toward you. Here is how we can help your case.
Meeting With the Insurance Company and its Lawyers
Facing an insurance company and its legal representatives can be daunting, but with us by your side, you can confidently approach these encounters. We excel in representing clients during meetings with insurance companies and their lawyers. Our legal team, equipped with a deep understanding of insurance law, engages in strategic negotiations to advocate for your rights and ensure your interests are protected throughout the process.
Thorough Investigation and Documentation
A meticulous investigation is paramount to building a strong case in bad faith cases. Leverty & Associates prides itself on conducting thorough investigations to gather evidence that exposes the insurer’s improper actions. This may involve reviewing claim files, correspondence, and any relevant documentation to establish a pattern of bad-faith behavior.
Meeting All Legally-Imposed Deadlines and Filing Requirements
Insurance claims are subject to strict deadlines and filing requirements, and missing any of these can jeopardize the success of your case. We are committed to meeting all imposed deadlines, ensuring that your case progresses smoothly and that you are not disadvantaged due to procedural errors.
Documenting and Calculating Any Damages You May Have
Accurately documenting and calculating damages is a critical aspect of any insurance dispute. Our team has the expertise to comprehensively assess the extent of your losses, including medical bills, property damage, or other relevant expenses. By presenting a detailed and well-documented case, we strengthen your position in negotiations and, if necessary, in court.
Negotiation and Litigation
After building a compelling case, we employ strategic negotiation techniques to pursue a fair settlement for our clients. However, the firm is prepared to take the matter to court if negotiations prove unsuccessful. With experienced litigators on our team, we can navigate the complexities of the legal system to ensure our client’s rights are upheld and justice is served.
Let our homeowners insurance claim denial attorney take the helm so you can go about your daily business. Call (702) 507-0201 to schedule a free consultation.
Compensation For Losses Caused By Bad Faith
Victims of bad faith at the hands of homeowners insurance companies have recourse if the bad faith actions result in some type of legally recognizable loss. Nevada recognizes economic and non-economic losses, also known as damages.
Economic losses include the costs and expenses you are forced to take on because of the harm you have suffered. With home insurance claim denied cases, you may experience various types of economic losses, including:
- Housing expenses
- Medical bills for injuries caused by delays or failures to pay
- Lost income.
Non-economic loss includes damages that harm your emotional and psychological well-being. The courts allow victims of bad faith insurance practices to claim compensation for:
- Pain and suffering from an injury due to wrongfully denied medical coverage
- Disfigurement due to a wrongfully denied medical procedure or treatment
- Loss of income due to wrongfully denied coverage of medical treatment.
A third category of damages also exists in bad faith insurance claims. Known as punitive damages, they are used to make an example out of the offending party — in this case, the insurance company — and have nothing to do with compensating the victim, even though the victim receives the payment.
Although there is normally a cap on punitive damages in Nevada, the law specifically exempts home insurance bad faith claims from this cap.
Frequently Asked Questions
Call (702) 507-0201 today to get answers to the questions you might have. We’ve got a homeowners insurance lawyer ready to discuss your case. Until then, please review the following common inquiries we receive at Leverty & Associates.
How much does a home insurance claim denial lawyer charge?
Various factors figure into the final total you pay your Las Vegas home insurance claim denial lawyer, most notably the amount of your settlement or verdict. Since attorney’s fees are calculated on a contingency basis, there is no upfront payment for their services. Many of our clients find this helpful in their time of need.
How long do I have to file a home insurance claim denied lawsuit?
Nevada law gives you three years to file a home insurance claim denied lawsuit based on the relevant statute and four years if you file the suit under common law principles. Due to the nature of insurance dealings, it is often challenging to determine exactly when the bad faith act took place. Hiring a homeowners insurance claim denial attorney early on will help ensure your claim does not expire.
How long will my bad faith insurance claim take to resolve?
It is hard to say without reviewing your case. After a free consultation with our home insurance claim denial lawyer, we will be in a better position to give you an idea of the duration of your case. But know that Leverty & Associates works vigorously to resolve claims quickly.
How much compensation will I receive for my home insurance bad faith claim?
It is difficult to say without reviewing your case. The primary goal of these types of claims is to get the initial policy paid according to the terms of the contract. The next step is to get you compensation for the damages you suffered. In some cases, the losses affect only the victim’s pocketbooks. However, other, more serious cases can lead to injuries, the exacerbation of injuries, and emotional trauma.
Why do insurance companies deny or reduce valid claims?
Insurance companies are for-profit businesses that do what they can to make money. The rules are in place to make sure they treat their policyholders with respect. Without regulations and the ability to sue, everyday citizens would be at the mercy of powerful insurance companies and groups.
If you have questions that don’t appear above, please contact Leverty & Associates at (702) 507-0201 for the answers you are looking for.
Contact a Las Vegas Home Insurance Claim Denial Lawyer Today
Let Leverty & Associates Fight for You
We have an experienced, caring homeowners insurance lawyer ready to help. We’ll review your case and come up with an appropriate strategy for moving forward if appropriate. You don’t have to put up with an insurance company’s acting in bad faith when you have paid your premiums. Let our homeowners insurance claim denial attorney hold the insurance company accountable and fight to get you the relief you need.
Call our office today at (702) 507-0201 for a free consultation.