Keating Law Group PCLas Vegas Trial Attorney | Nevada Personal Injury Litigation Lawyer | Reno and Las Vegas Medical Malpractice Attorneys Carson City NV2026-06-05T11:51:25Zhttps://www.keatinglg.com/feed/atom/WordPress/wp-content/uploads/sites/1300791/2021/03/fav-icon-75x75.pngOn Behalf of Keating Law Group PC<![CDATA[The legal limits of an insurance investigation in Nevada]]>https://www.keatinglg.com/?p=470482026-03-25T10:15:17Z2026-03-25T10:15:17ZWhat is the scope of the investigation?
After you file a claim, your insurance company has the right to verify what you reported. This usually means checking your policy, asking for records and talking to people tied to the loss or injury.
As the evaluation continues, the insurer may request that you provide a recorded statement or attend an Examination Under Oath (EUO). Because an EUO is a formal legal proceeding conducted under penalty of perjury, consulting with an attorney is worth considering before giving a statement.
Are there any limits to this scope?
Under Nevada law, an insurer cannot misrepresent what a policy covers, fail to act on a claim in a reasonable amount of time or deny a claim without first conducting a thorough review.
While federal privacy laws such as the Health Insurance Portability and Accountability Act (HIPAA) are designed to protect your medical records, an insurance company can still access information you choose to authorize. For that reason, it is worth taking a moment to read any medical authorization forms before signing.
How can you respond when an evaluation crosses the line?
If you believe an insurer has acted unfairly during a review, you can file a complaint with the Nevada Division of Insurance. The division regulates insurer conduct and can step in to investigate violations of Nevada's fair claims practices.
You may also have the right to file a bad-faith insurance case in civil court. Grounds for this lawsuit include when an insurer fails to handle your case in a timely way, denies a valid claim without a solid reason or uses the process to push you toward a lower payout.
Damages in a successful bad-faith case can go beyond the original policy amount. Nevada law allows courts to award additional compensation for your resulting financial losses.]]>On Behalf of Keating Law Group PC<![CDATA[How insurers can comply with Nevada’s burning limits ban]]>https://www.keatinglg.com/?p=470432026-03-09T12:45:30Z2026-03-09T12:45:30ZUnderstanding Nevada’s prohibition on “burning limits”
Traditionally, a burning limits policy allows insurers to subtract the cost of legal defense from the policyholder’s total coverage limit. This arrangement has allowed insurers to manage exposure to high-cost litigation.
However, Nevada now prohibits insurers from implementing these practices for many liability policies. Instead, as an insurer, you must treat defense obligations separately from policy limits. This is intended to provide policyholders with enough coverage for settlements.
What happens when your policyholder faces a lawsuit?
When a lawsuit arises, you may be responsible for funding your policyholder’s defense on top of the full policy.
Litigation that involves extensive investigation can generate significant defense costs. Given these circumstances, it is important to evaluate claims with both defense costs and potential payouts in mind. This requires you to approach litigation strategically to ensure compliance and avoid disputes with your policyholders.
Maintaining ongoing compliance
As best practice, periodically review policy forms and endorsements whenever updates are made. Regular reviews can help confirm that you are not reintroducing language suggesting burning limits where they are not allowed. You may also build compliance checks into your policy issuance and renewal processes. These checks reduce the risk of outdated language appearing.
Moreover, keep clear records when modifying procedures. Documentation can also serve as a reference point when facing questions about coverage interpretation.
Adapting to regulatory changes
Nevada’s ban on burning limits policies may require a shift in how you manage claims and litigation strategies if you haven’t made them yet. However, it can also serve as an opportunity to improve claims oversight.
Staying informed about new regulatory policies can help protect your organization in the long run. By ensuring compliance, you can deliver reliable coverage to policyholders.]]>On Behalf of Keating Law Group PC<![CDATA[Spotting bad faith insurance practices in Nevada claims]]>https://www.keatinglg.com/?p=470392026-02-12T09:02:59Z2026-02-12T06:51:58ZYou pay insurance premiums expecting help when something goes wrong. In Las Vegas, that expectation often clashes with reality when an insurer delays payment, cuts corners or denies a valid claim. Nevada law sets clear rules for how insurance companies must treat you. When they ignore those rules, the issue may rise to bad faith rather than a simple disagreement over coverage.
What bad faith can look like in Nevada claims
Bad faith usually involves more than a single mistake. It often shows up as a pattern of conduct that puts the insurer’s profits ahead of your policy rights. Nevada courts look closely at how the insurer handled the claim from start to finish.Common examples include:
Delaying payment without a clear reason after you submit documents
Ignoring repair estimates following a Las Vegas car accident
Denying coverage without explaining which policy terms apply
Offering far less than the documented value of property damage
Seeing one of these issues does not always mean bad faith. Observing several at once may suggest the insurer failed to act fairly. These behaviors can disrupt your finances and prolong recovery when bills keep coming due.
Why claim handling matters under Nevada law
Nevada requires insurers to investigate claims promptly and communicate honestly. Handling a claim carelessly can cause real harm, especially when medical treatment or housing repairs depend on timely payment. Keeping written records of calls, emails and claim decisions can help show how delays or low offers affected you.Seeking legal assistance can help clarify whether the insurer’s conduct crossed into bad faith and whether Nevada law allows recovery beyond the original policy benefits.
When delays turn into legal issues
Not every denied claim signals misconduct. However, refusing payment without evidence or stretching investigations for months may violate Nevada’s unfair claims practices statutes. Recognizing these warning signs early can help protect your financial stability and reduce long-term stress.
When insurers cross the line
Bad faith claims focus on behavior not just outcomes. When an insurer acts unreasonably and causes avoidable harm, Nevada law may provide a path to accountability. Knowing how these practices show up can help you better assess whether your insurer handled your claim the way the law expects.]]>On Behalf of Keating Law Group PC<![CDATA[6 common bad faith practices Las Vegas insurers need to avoid]]>https://www.keatinglg.com/?p=470412026-02-09T08:01:22Z2026-02-08T12:03:29ZAs an insurance provider in Las Vegas, you face serious risks when handling claims. Bad faith insurance happens when you fail to meet your duties to policyholders through unfair or dishonest actions. Thus, understanding these common mistakes helps you protect your business and keep policyholder trust:
Rejecting claims without proper investigation
You must carefully investigate before denying any claim. This means gathering complete information, reviewing all evidence and recording your reasons. When you reject claims without good reasons or enough review, you may face serious legal problems. This ranks among the most common bad faith practices that lead to lawsuits.
Delaying the claims process unreasonably
Beyond proper investigation, you also need to move claims forward quickly. Unnecessary delays can hurt policyholders who need timely payment. Thus, your review process should be thorough yet fast, avoiding any sign of stalling.
Offering settlements below fair market value
Similarly, you must also make sure your settlement offers match the true claim value. Offering too little damages your reputation and breaks your duty to your policyholders. Fair payment shows your commitment to ethical claims handling.
Skipping essential claims reviews
Furthermore, you cannot take shortcuts during claim investigations. Incomplete reviews often lead to poor decisions that harm both policyholders and your business. Taking time to check all relevant facts shows care and professionalism.
Misrepresenting policy terms to policyholders
Additionally, you must share policy details honestly and clearly. Misleading statements about coverage could destroy trust and create legal risks. Clear, honest communication strengthens your professional relationships and prevents disputes.
Ignoring policyholder communications
Finally, you need to stay responsive to policyholder contact. Unanswered calls and emails may frustrate people and show a lack of care. Quick, respectful responses prove your commitment to good customer service.
The path to stronger claims management practices
At the end of the day, you can avoid accusations of bad faith practices by setting clear policies and training your team well. Write down every step of your claims process and create checkpoints to ensure fair treatment. Regular reviews also help you spot potential issues before they grow. When questions come up about complex situations, having experienced legal advice can also offer helpful guidance on industry best practices.]]>On Behalf of Keating Law Group PC<![CDATA[New Nevada insurance law could harm those affected by wildfires]]>https://www.keatinglg.com/?p=470422026-01-30T17:14:38Z2026-01-30T17:14:38Znew insurance law – the first of its kind in the nation – to compel companies to continue operating in the state. A big challenge for companies have been wildfires and the subsequent payouts. However, even though the companies are staying in Nevada, there are fears that policyholders could face problems because of it. People negatively impacted must be aware of their legal rights.
Wildfire coverage can be carved out of Nevada insurance policies
With the new law, AB376, insurers can carve out wildfire coverage in homeowners’ policies. They can now offer it in a separate policy or formulate another way to provide that coverage. This can be problematic because of the prevalence of wildfires on the West Coast.
Nevada residents were increasingly losing their insurance coverage or finding themselves unable to get covered at all because of the danger of wildfires and the costs associated with them. According to lawmakers, this law is an attempt to find a solution to keep people covered.
Still, there are concerns that the policyholders could be vulnerable if there is a disaster like a wildfire. The number of people who saw their policies canceled from 2022 onward was rising substantially because of wildfire risk. Others saw applications for coverage denied. This was mostly in areas where wildfires were a significant risk. People were forced to get coverage from specialized insurers that are subject to different types of oversight.
This is being called a “regulatory sandbox” providing insurers with flexibility. It is an attempt to discover different business models that leave them at lower risk while still allowing them to give people coverage. The law does not allow insurance companies to offer policies solely to cover wildfires.
People need to scrutinize their policies and understand the law
There are few things worse than facing a disaster like a wildfire and wondering what the future holds. People who believe they are protected by their insurance policy are often stunned when they discover their claim was denied based on a technicality they were unaware of.
Since insurers are trying to minimize costs, people can be left at risk. When there are insurance law changes and a dispute over a policy or a claim, there are options available. Having help is crucial to reaching a positive outcome.
]]>On Behalf of Keating Law Group PC<![CDATA[Insurance carriers may deny claims over bad information]]>https://www.keatinglg.com/?p=470382026-01-15T16:28:34Z2026-01-15T16:28:34Zclaim for fraud or misrepresentation.
Fraud involves deliberate dishonesty. In other words, fraud cannot happen even when a policyholder makes a serious and careless but still honest error.
However, insurance carriers may also deny a claim if a policyholder misrepresents a fact that, if the insurance company had known about it, would not have issued a policy at all, would have charged more or would have placed more restrictions on the policy.
Unlike fraud, denying on these grounds does not require that the insurance company prove a policyholder was trying to mislead the insurance company. Misstating important information alone is enough to deny a claim.
Carriers will need to be able to prove they have the right to deny coverage
Being able to deny coverage for fraud or other misconduct first requires the insurance carrier to do a thorough investigation.
Not investigating diligently could mean an insurer will not be able to deny a claim even if it turns out the insurer had grounds to do so. Also, the denial could lead to the policyholder accusing the insurer of bad faith.
Even if the insurance company has a well-documented case to deny a claim, the company should still expect an uphill battle in court.
While they do not have to prove fraud or misrepresentation beyond a reasonable doubt like in a criminal case, carriers will not be allowed simply to make accusations.
The carrier will have to show in court, often in the face a skilled plaintiff’s attorney and a sympathetic policyholder, that the carrier followed both the law and the terms of its policy at every step.]]>On Behalf of Keating Law Group PC<![CDATA[What standards apply to insurers with first-party claims?]]>https://www.keatinglg.com/?p=470372025-12-18T20:36:05Z2025-12-18T20:36:05Zcertain requirements for the insurer. If there are delays, unreasonable denials, or any other problem with a claim, it is imperative that the policyholder understands their rights.
What are insurers legally obligated to do with a first-party claim?
When the insurer has received proof of loss, the claimant will be informed of approval or denial of the claim within 30 days. If they issue a denial, it must be referenced in the policy provisions, conditions, or exclusions. In other words, the denial must be made based on the details of the policy and what the claimant had agreed to. It must be given in writing and kept in the claim file.
When the insurer approves the claim, the payment must be made within 30 days of it having been accepted. Payments not made in that time frame will accrue interest, calculated from the date the payment is due. If there is a denial for any other reason and it is not done in writing, there must be a notation placed in the claim file.
Some claims cannot be decided within 30 days. The claimant will then need to be informed of the delay within 30 working days. They must also say why there will be a delay. It could be due to an incomplete investigation. In that instance, they will have 30 days to inform the claimant and continue to do so every 30 days.
The insurer cannot simply delay without justification for doing so. Some reasons for a delay include particularly complex cases, an absence of information, a dispute over liability, or the insurer acting in bad faith.
First-party claims can be complicated and help might be necessary
People who have filed a first-party claim with their insurance company and believe the company is not acting as it is legally obligated to regarding the claim need to know their rights. The purpose of insurance is to be protected in case of loss, but the company also wants to mitigate costs. To make sure the case is decided fairly, it is important for claimants to have assistance from those who are widely experienced in insurance law.]]>On Behalf of Keating Law Group PC<![CDATA[Building a strong appeal for your insurance case]]>https://www.keatinglg.com/?p=470362025-12-10T17:09:38Z2025-12-10T17:09:38ZHow can you build an effective insurance appellate case?
The way you approach an appellate case is different than how you’ll approach an appellate case. This is because on appeal, the court will only assess the record that was created at the trial court level. With that in mind, here are some steps you need to take to make a stronger appellate case:
Preserve the record by making appropriate objections, presenting as much evidence as possible and making sound legal arguments.
Identify those issues that are most likely to lead to success on appeal.
Understand the law so that you know which arguments are most likely to sway the court in your favor.
Write a persuasive appellate brief.
Be prepared to counter arguments raised by the defense.
Keep in mind that you won’t have a chance to present additional evidence on appeal, and you probably won’t even have the opportunity to make oral arguments. So, you need to be as prepared as possible heading into to trial so that you make a strong record.
Do you need assistance building your insurance law case?
If so, don’t hesitate to seek out whatever assistance you may need. You only get one shot at building and presenting your insurance law case, so you need to be as through and as aggressive as possible. If you want to learn more about how to protect your interests in your insurance law case, then it's important to speak to experienced professionals.]]>On Behalf of Keating Law Group PC<![CDATA[How can you reduce the risk of insurance claim denial?]]>https://www.keatinglg.com/?p=470352025-11-25T20:18:04Z2025-11-25T20:18:04Zclaim denial.
Tips to reduce your risk of insurance claim denial
There’s a lot you can do now to head-off potential insurance company arguments and claim denials. This includes:
Carefully reviewing the terms of your policy so that you have a clear understanding of how your circumstances fit within the confines of your insurance agreement.
Gathering evidence that shows the extent of the damage you’ve suffered and how those losses fit under your insurance policy.
Remaining factual about your situation without exaggeration or embellishment.
Taking steps to try to mitigate the ongoing damages that you experience from the event in question.
Being as timely as possible in filing your claim.
Remember, you want to be as detailed and as specific as possible when it comes to presenting your claim. So, seek to be thorough by gathering as much evidence as possible, regardless of whether you’re pursuing a medical, homeowner’s or life insurance claim.
Do you need help navigating your insurance case?
If so, then be sure to read up on the insurance claims process and the steps you can and should take if your claim is denied. Then, you can work with your attorney to clarify the process ahead of you and to formulate an effective legal strategy. Hopefully then you’ll be able to secure the financial support that you need and to which you’re entitled pursuant to your policy.]]>On Behalf of Keating Law Group PC<![CDATA[Can an insurer advise a policyholder not to seek legal counsel?]]>https://www.keatinglg.com/?p=470342025-11-21T16:05:34Z2025-11-21T16:05:34Zwhat constitutes bad faith insurance is key when filing a claim and having issues with the insurer.
Why would an insurer not want the policyholder to get legal help?
Insurance companies put out the impression that they are there to help people. But often, they are primarily interested in profit. Part of that is controlling costs. If they can keep the amount necessary to cover for the loss under control, it benefits the company. It could also keep the policyholder largely unaware of their options with the case. In some instances, it is necessary to have legal assistance to make sure the maximum payout is received.
The insurance company advising a person not to seek legal counsel would constitute bad faith. The law prohibits this. If it happens, the person can file a complaint. A lawyer representing the policyholder has no connection to the insurance company and would therefore give an independent analysis of the case.
For example, if the company said the payout should be a certain amount and the attorney says it should be more, the person would be wise to listen to the attorney. The insurer could twist the case to their advantage and people who are unaware of their rights could never know they were not paid what they should have been to cover the claim.
Insurance company bad faith should not be tolerated
Whether the insurance company is trying to convince a policyholder not to seek legal advice or committing another act that would be bad faith and compromises the person’s rights, it is imperative to have help. Consulting with a legal professional who understands insurance law and has the person’s interests in mind can protect and help them, holding the insurance company accountable for their wrongdoing.]]>