Matt Sharp and Doug Terry deliver Bill Eskew a $200 million dollar verdict, the largest against a health insurer in the country. Read here for more details

CONSUMERS RIGHTS

We have successfully represented clients for many years in lawsuits against their insurance companies.

You have certain rights in dealing with your insurance company. Your insurance company owes you a duty of good faith and fair dealing. It must treat you fairly, at all times, considering its interests at least equal to insured customer’s interests. The duty of good faith and fair dealing requires:

  • Your insurance company to promptly pay your claim
  • Your insurance company to conduct a fair and thorough investigation before denying your claim
  • Your insurance company to disclose the factual and legal basis for the denial if it does deny your claim

 

 

Claims against Your Insurance Company

If your insurance company violates its duty of good faith and fair dealing, you may hold it accountable in a court of law. Generally, there are three claims that may be asserted against your insurance company:

  1. breach of contract
  2. breach of the duty of good faith and fair dealing (also known as insurance bad faith)
  3. breach of the Nevada Unfair Claims Practices Act

As a remedy, you may seek money for the harms and losses the insurance company has caused. Those harms and losses generally fit into three criteria:

  1. the amount of benefits that should have been paid in the first place
  2. any financial consequences caused by the insurance company’s conduct, like credit damage
  3. any emotional distress that was caused by the insurance company’s conduct

In instances where the insurance company consciously disregards your legal rights, the jury may also award punitive damages. Punitive damages are like a civil fine. They are damages designed to punish the insurance company for its conduct and to deter it and other insurance companies from engaging in similar conduct.

Our goal is help you understand your rights when dealing with an insurance company. If you think your insurance company is treating you unfairly, please contact us or call the office at (775) 324-1500.

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