When you pay your insurance premiums faithfully, you naturally expect to have the coverage you paid for when you need it. Unfortunately, this is not always the case. If you have been a victim of insurance bad faith, contact The Janda Law Firm to speak with our Las Vegas bad faith insurance lawyer today. Our Las Vegas injury attorney can assist you in pursuing the payments you deserve along with compensation for additional damages.
Choose Our Bad Faith Insurance Attorneys In Las Vegas
- Our firm operates on a contingency fee basis. This means no upfront costs and no legal fees until we recover compensation for you.
- We prepare every case thoroughly, as though we were going to trial. We can negotiate skillfully on your behalf and will not hesitate to go to court if this will best protect your rights and interests.
- In handling our clients’ claims, we craft legal strategies that are thorough, well-researched, and comprehensive, intended to secure the best possible outcome.
What Is Insurance Bad Faith?
As insurance policies are a form of legal contract, insurance companies have an obligation of good faith and fair dealing with their policyholders. They are required to uphold certain duties, including paying your claims promptly. When an insurance company fails in these duties or acts in a dishonest or deceptive manner, its actions may be considered bad faith.
Types of Insurance Bad Faith
Insurers may act in bad faith in a variety of ways. Bad faith claims can be divided into two separate categories: first-party claims and third-party claims.
First-Party Claims
This type of claim involves the failure of the insurance company to fulfill its duties to the policyholder or refusing to pay a legitimate claim. Insurers have a duty to:
- Conduct a prompt and reasonable investigation into the claim
- Provide a fair valuation of the damage, along with a settlement offer
- Approve or deny the claim within a reasonable length of time and provide an explanation
- Promptly pay approved claims
Third-Party Claims
If you are sued by another party in a matter covered by your policy, the insurance company has certain duties to you, and failure to uphold them may constitute bad faith. These include the duty to:
- Defend: Your insurer must provide your defense if the lawsuit is potentially covered under your policy. In most cases, this includes all defense costs, regardless of policy limits.
- Indemnify: If you are found liable for damages, the insurance company must pay claims covered by your policy up to policy limits.
What Recourse Do You Have Towards A Bad Faith Insurer In Nevada?
If your insurer is guilty of bad faith, you likely have damages as a result. In that case, you have recourse under the law to file an insurance bad faith claim in civil court. Damages you may be entitled to claim for actual losses include:
- Reasonable value of the claim the insurance company failed to cover
- Difference between the amount paid out and the true value of the claim
- Out-of-pocket expenses and other contractual damages incurred by the insured as a result of the insurer’s bad faith
Nevada also allows punitive damages for insurance bad faith. These damages are designed to punish the insurance company for acting in bad faith and to deter similar actions in the future. Punitive damages are often greater in amount than actual damages. Insurance bad faith claims are specifically excluded from the cap on punitive damages, which in other cases would be three times the amount of actual damages.
Contact Our Award-Winning Bad Faith Insurance Denial Lawyers Today
If your insurer has acted in bad faith, contact The Janda Law Firm to schedule a free case consultation with our Las Vegas injury attorney. We can help you determine if you have a case of insurance bad faith, and if so, what damages you may be able to pursue in a claim against your insurance provider.