Keating Law Group PCLas Vegas Trial Attorney | Nevada Personal Injury Litigation Lawyer | Reno and Las Vegas Medical Malpractice Attorneys Carson City NV2024-03-15T07:27:53Zhttps://www.keatinglg.com/feed/atom/WordPress/wp-content/uploads/sites/1300791/2021/03/fav-icon-75x75.pngOn Behalf of Keating Law Group PChttps://www.keatinglg.com/?p=469512024-03-15T07:27:53Z2024-03-15T07:27:53ZHow social media might play a role in your insurance defense
People often say more than they intend to. This is especially true when they turn to social media. That’s why this should be one of your first stops when building your insurance defense. By looking at the claimant’s social media pages, you might discover the following:
That their injuries are non-existent or are far less severe than they claim.
That the claimant hasn’t sought out adequate medical treatment.
That the monetary damages claimed have been exaggerated.
That the claimant has accepted some level of fault for the incident in question.
Even if you don’t have direct access to the claimant’s social media page, you might be able to find their posts by scouring their friends’ social media pages that are less restrictive. By being as thorough as possible here, you could uncover information that’s critical to the outcome of your case.
Do you need help developing your insurance defense legal strategy?
If you’d like some guidance building your insurance defense, then you should turn in a direction that allows you to educate yourself on the law and how to protect your interests in insurance litigation. If you’re unsure of where to start, then we encourage you to browse our website for some general guidance.
]]>On Behalf of Keating Law Group PChttps://www.keatinglg.com/?p=469502024-03-04T20:28:13Z2024-02-29T20:26:38ZBut, is your insurance company violating the law by prolonging the claims process?
Understanding Nevada’s time rules for insurance claims
The Nevada Division of Insurance is responsible for regulating the insurance industry in the state and sets the time rules for insurance claims. These rules dictate the duration within which an insurance company must acknowledge, investigate, decide on and pay a claim.
Generally, the key provisions include that insurance companies must acknowledge receipt of a claim within 20 working days. They must respond to claimant communications within 15 working days. The insurance company must complete the investigation within 30 working days after receiving proof of loss.
Finally, they must make a decision on a claim within 30 working days, and pay a claim within 30 working days after approval. Of course, while these rules are applicable to various insurance claims, exceptions may exist based on policy terms, conditions and claim complexities.
Taking action against time rule violations
If you suspect your insurance company is violating time rules, contact your insurance company. Seek an explanation for any delays or denials. Maintain a record of all communications, noting dates, times, names and details. You can lodge a complaint online, by phone or mail with the Nevada Division of Insurance. The Division will review and may intervene with your insurance company.
Consider legal action. If other avenues fail, filing a lawsuit may be necessary. In that lawsuit, you may have to prove breach of contract, damages and potential bad faith for additional compensation.
Should your insurance company breach time rules or other regulations, you possess the means to hold them accountable and seek rightful compensation. Whether through communication, regulatory complaints or, if needed, legal action, homeowners can navigate the complexities of insurance law to ensure a just resolution.]]>On Behalf of Keating Law Group PChttps://www.keatinglg.com/?p=469492024-02-15T20:18:02Z2024-02-15T20:18:02Zspecific guidelines that insurance companies must adhere to in processing claims.
Acknowledgment and instructions
Here is a breakdown of the legal requirements for home insurance claims in Nevada. First, is the acknowledgment and instructions. Insurance companies have 20 working days to acknowledge a claim, sending policyholders necessary instructions and paperwork, including proof of loss forms.
Claim decision
After receiving completed proof of loss forms, insurers must make a decision within 30 working days. The decision, whether accepting or denying the claim, must be provided in writing, citing policy provisions, conditions or exclusions.
Claim payment
Once a claim is accepted, insurers have 30 working days to pay the agreed-upon amount. In case of arbitration, the determined amount must also be paid within this timeframe, or interest accrues from the due date until payment.
What about the investigation?
If additional investigation time is needed, insurers must notify policyholders within 30 working days of receiving proof of loss forms, explaining the delay and providing an expected decision date. Importantly, this delay cannot compromise policyholder rights under the policy or the statute of limitations.
Insurance agents
Insurers may use agents to handle claims but must report all claims promptly and adhere to the insurer’s instructions. Unfair practices in settling claims, as outlined by Nevada law, are strictly prohibited. These include misrepresenting facts, failing to respond promptly to policyholder communications and attempting to settle claims for less than what is reasonably due.
Protect your rights
To protect your rights and secure a fair settlement understand coverage, exclusions, deductibles, limits and endorsements. Notify your insurer promptly after a loss, cooperating with investigations. Keep detailed evidence like photos, videos, receipts, etc. to support your claim. Complete and submit proof of loss forms accurately, retaining copies. Maintain regular communication with your insurer, documenting all correspondence. And, negotiate with insurers in good faith, providing necessary documentation. Understanding your rights and responsibilities, coupled with diligent documentation and communication, can enhance the likelihood of a fair and timely settlement.]]>On Behalf of Keating Law Group PChttps://www.keatinglg.com/?p=469482024-02-01T20:43:07Z2024-02-01T20:43:07Zunderstanding it is important when seeking to get reimbursed.
Facts about primary and excess coverage
When there are at least two policies in effect for a motor vehicle and there is an accident in which a claim is necessary, the claim being made on the primary or excess coverage will depend on the circumstances.
First, if a person was operating the vehicle as part of their job, it will be covered under business’s primary insurance. For example, if it is being road tested, parked, stored, serviced, repaired or sold and an accident happens, the business will have insurance to account for it. The primary insurance policy will be used to pay for the damage or replacement. A separate policy is excess coverage.
If the person was operating the vehicle for reasons that were not business-related or there was another person operating the vehicle, the policy held by the person operating it will be primary and the other policy excess coverage. That means if the person, for whatever reason, took the vehicle to run an errand unrelated to the business, they are responsible for it.
At many dealerships, a courtesy vehicle is provided to a driver who has left their own vehicle for service. If the owner is loaned a different vehicle while they do not have their own, the customer’s policy will be primary and other policies are excess coverage. The customer must be informed of this at the time the vehicle is loaned to them.
Addressing insurance related disputes can be difficult
Although this might not sound as if it is a major issue, disagreements as to whose insurance is the primary or excess coverage can arise. This can occur if a person is worried about their insurance rates rising or other problems coming up because of the claim. If there are disputes about this or any other area of insurance law, it is useful to be aware of this and be prepared to ensure the correct policy is used.]]>On Behalf of Keating Law Group PChttps://www.keatinglg.com/?p=469472024-01-15T16:36:56Z2024-01-18T16:35:20ZNuclear verdicts are indeed something many insurance carriers doing business in Nevada, as well as their policyholders, are and should be concerned about.
What is a nuclear verdict?
According to an online insurance industry magazine, a nuclear verdict is any judgment or settlement greater than $10 million.
Every case has a dollar range for which it should get resolved. Insurance companies estimate this dollar range based on several factors, including what courts and juries have historically done. Nuclear verdicts are those verdicts that far exceed predictions.
What causes a nuclear verdict?
Ultimately, judges or, especially, juries award nuclear verdicts. In cases of nuclear verdicts via a settlement, insurance companies would still have to have a well-founded fear that if they did not settle for such a high amount, far worse consequences would ensue.
Those in the industry speculate that juries are more prone to awarding nuclear verdicts when they have prejudices against big corporations.
They also are more prone to awarding exceptionally high damages if they feel doing so is necessary to even the playing field between wealthy individuals who lead or finance corporations and the average citizen.
Not surprisingly, jurors are also more willing to award a nuclear verdict if they hear evidence of underhanded, illegal or dishonest behavior on the part of the defendant.
Geography and the type of case also play a role.
Almost two-thirds of all nuclear verdicts come out of just 6 states. With respect to case types, suits from commercial automobile accidents, medical malpractice cases and product liability litigation are most prone to enormous awards.
Why should insurance companies be concerned about nuclear verdicts?
Nuclear verdicts directly impact insurance companies because of their financial cost, as they will almost certainly require an insurance company to pay their policies limits.
There is also a risk that the target of a nuclear verdict will try to argue that their insurance company is responsible for all of it, even beyond the policy limits.
Economically, nuclear verdicts can necessitate that an insurance carrier pay more to settle many of their claims
Finally, nuclear verdicts may harm the reputation of an insurance company. Even after the carrier pays its limits, policyholders may be stuck with a large judgement that in, the worst case, they are not able to pay even though they relied on their insurance to protect them.
How can an insurance company prevent a nuclear verdict?
The best way to prevent a nuclear verdict is to anticipate the risk of one. If it appears there is a risk of a nuclear verdict, the insurance company defending in a case may want to consider negotiating a settlement early on or trying mediation.
When preparing a defense, the insurance company will also want to make sure that they consider their juries underlying sentiments. They will need to dispel the myth that big companies put profit even over the safety of others.]]>On Behalf of Keating Law Group PChttps://www.keatinglg.com/?p=469462024-01-05T16:09:49Z2024-01-04T16:08:34Zallegations of acting in bad faith? Let’s take a closer look.
Tips for defending your company against allegations of bad faith
Remember, for a plaintiff to succeed against you, they must show that you acted unreasonably in delaying or denying their claim. Therefore, if allegations of bad faith start to fly, you may be able to use the following strategies to your advantage:
Argue that that there remains a material and legitimate dispute of fact, such as how the loss in question was caused or the value of the damage claimed.
Illustrate how there’s a lack of evidence to support the claim, thereby creating delay.
Highlight the active steps that your company has taken to investigate the claim.
Argue that the event or individual in question isn’t covered by the policy.
Show how the individual who is pursuing the claim has failed to mitigate their damages.
There may be other strong defense options in your case. Thoroughly analyze the facts surrounding the claim in question to see if you can effectively push back against the plaintiff’s arguments.
Don’t face undeserved losses in your insurance dispute
Poorly handled insurance litigation can be costly to you and your company, costing you extensive sums and harming your reputation. Don’t let that happen to you due to inaction. Instead, aggressively seek out the bad faith defense strategies that best protect you and your business, setting you on a path to successful litigation.]]>On Behalf of Keating Law Group PChttps://www.keatinglg.com/?p=469452023-12-27T20:39:39Z2023-12-20T20:02:18Znational profits jump 19% over the year before.
The state of health insurance and care in Nevada
Statistics for 2023 may not be much different. While the report mostly covers 2022, it notes that insurance premiums went up 9% for consumers in 2023.
These higher costs haven't necessarily resulted in better care. Researchers have found that, in terms of performance, Nevada's health care system ranks No. 41 among the states. It ranks dead last among the states for treatment and prevention.
Going against insurance companies
In some ways, these statistics are not surprising. Insurance companies are in business to make money, and they find ways to make a lot of it.
When consumers have a dispute with an insurance company, they are often at a distinct disadvantage. It's important for consumers to seek out help from professionals who have experience with insurance disputes.]]>On Behalf of Keating Law Group PChttps://www.keatinglg.com/?p=469442023-12-11T12:37:41Z2023-12-06T12:36:34ZAlternative dispute resolution
If possible, it is oftentimes beneficial to all parties involved to find ways to avoid courtroom litigation as part of efforts to resolve insurance claims. This is where “alternative dispute resolution” options can come into play. Typically, when “ADR” – as it is commonly known – is an option in a legal situation, the specific option is either: direct negotiations; mediation; or arbitration.
Obviously, the direct negotiation option can be part of attempting to resolve the issue at any time, from the time the claim is filed until just moments before a jury trial starts. The parties can always discuss options, but setting a specific time to meet and discuss settlement as a specific resolution to the issue can focus the parties on how, if possible, the insurance dispute can wrapped up.
Mediation involves a bit more structure to settlement talks. In mediation, a neutral third-party mediator will facilitate the settlement discussions between the parties, looking for creative ways, when needed, to help the parties see the strengths and weaknesses of each other’s legal stances, all in hopes that a settlement can be reached. Arbitration is one step more formal and is more closely related to actual courtroom litigation.
Typically, both parties present their cases to a neutral, third-party arbitrator, who then makes a decision – similar to what a judge or jury would do. In many situations, in order for arbitration to be an option, the parties usually have to agree that whatever decision is made by the arbitrator is the final decision and no further litigation will occur.
]]>On Behalf of Keating Law Group PChttps://www.keatinglg.com/?p=469432023-11-28T07:32:27Z2023-11-20T07:31:45Zerrors and omissions insurance (E&O insurance), can help offset costs associated with court, settlements, judgments and other damages. Yet simply because you have this insurance doesn’t mean that a filed claim with be granted. In fact, business often find themselves battling with their insurance company over these claims.
Why E&O insurance claims are denied
When an insurance company denies an E&O claim, it must specify its reason for doing so. These justifications might include:
Evidence that the error or omission was attributable to intoxication.
The damages were caused by illegal activity.
The act in question was not tied to the provision of professional services.
The act involved employment-related practices, such as hiring, promoting, and terminating employees.
You knew about the problematic act in question prior to securing your E&O policy.
The issue at hand is tied to harm caused by advertising issues, such as false advertising.
The damages resulted from an inability or failure to protect personal information.
Every E&O policy is different, so this is by no means an exhaustive list of restrictions that you might face. So, make sure you fully analyze your policy so that you have a full understanding of what it can do for you and when you need to push back against your insurance company.
Do you need to contest an E&O claim denial?
If so, then you need to gather evidence that speaks to the denial justifications provided by your insurance company. Armed with this information and an understanding of the law and the legal process at hand, you’ll be ready to fight for the fair outcome that you deserve.
]]>On Behalf of Keating Law Group PChttps://www.keatinglg.com/?p=469422023-11-27T06:05:21Z2023-11-06T06:01:48Zunfair practices in settling claims.”
As enumerated in the statute, sixteen different actions are labeled as unfair practices. This post does not have sufficient room to list and explain all sixteen practices, but a summary of the more important practices will provide a sense of what kind of claims are considered “unfair.”
Misrepresenting to insureds or claimants pertinent facts or policy provisions; This provision imposes a duty of truthfulness on the insurer;
Failing to act reasonably promptly in communicating with respect to claims; An insurer cannot unreasonably refuse to take action on a claim.
Failing to adopt and implement reasonable standards for the prompt investigation and processing of claims or failing to affirm or deny coverage within a reasonable time after a claim has been filed;
Failure to effectuate prompt, fair and equitable settlement of claims in which the insured’s liability has become reasonably clear;
Delaying the investigation or payment of claims insured’s physician to submit a preliminary claim report and then requiring a subsequent proof of loss form, both of which forms contain substantially the same information;
Failing to settle claims promptly, where liability has become clear under one section of an insurance policy in order to influence settlement under another portion of the policy;
Advising the insured not to seek legal counsel;
Misleading the insured or claimant regarding the applicable statute of limitations.
These statutory sections impose on insurers a duty to act in good faith when dealing with claims under the police at issue. An insurer cannot delay taking action or make false statements to either an insured or a claimant. More importantly, an insurer cannot misstate or misrepresent any material fact when dealing with an insured or a claimant.
An insured will face serious financial penalties and liability for damages to the insured if it breaks any of these rules. Anyone who believes that they have been the victim of one or more fraudulent claim handling acts by their insurer may wish to pursue a bad faith claim, but before embarking upon such an arduous journey, consultation with an experienced insurance attorney would be a sound precaution.
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