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Dealing With Bad Faith Home Insurance Claims

When you file a home insurance claim with your insurance company, it usually means there are repairs that need to be done as soon as possible. Most people are surprised when after years of dutifully paying their insurance premium every month and when they file a home owner’s claim, the insurance company drags their feet and tries to avoid honoring their policy. The insurance company is legally bound to honestly investigate every claim and pay on those claims within a reasonable time frame. If your insurance company fails to do that, you have grounds for a bad faith insurance claim.

Grounds For A Bad Faith Claim

Your home insurance company has a legal duty to act in good faith to honor the terms of your home owner’s policy. Any of the following actions on their part can be grounds for a bad faith claim:

  • Failing to pay a claim promptly
  • Failing to pay the full value of the claim
  • Denying an obvious liability
  • Giving an unfair interpretation of what the policy covers
  • Misleading the policyholder about what the policy covers
  • Failing to give a factual or legal reason why a claim was denied

If your insurance company fails to settle your claim due to fraud, bad faith or negligence, you have suffered a wrong and your insurance company should be liable for damages.

Collecting On Losses And Damages

The main goal of a bad faith claim is to recover the reasonable value of a claim that was denied by your insurance company. However, Nevada law also allows you to claim punitive damages and out-of-pocket expenses incurred as a result of the claim denial. While Nevada places limits on the amount of punitive damages you can recover for types of claims, there is no limit on punitive damages in bad faith insurance claims.

Contact The Bad Faith Home Insurance Claims Firm

If you believe you have a bad faith home owner’s insurance claim, contact the experienced attorneys at Carbajal Law to set up an initial consultation. Call 702-846-0040 or fill out our online contact form.

Carbajal Law

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