Best Bad Faith Insurance Lawyers in Nebraska

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Stinson LLP
Omaha, United States

Founded in 2002
985 people in their team
English
Complex legal challenges are best approached with sharp insight and creative solutions. At Stinson, our attorneys combine industry knowledge and business acumen to deliver practical legal guidance to clients ranging from individuals to privately-held enterprises to international corporations. We...
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About Bad Faith Insurance Law in Nebraska, United States

Bad Faith Insurance refers to situations where an insurance company unreasonably refuses to pay out a valid claim made by its policyholder, delays payment, or does not fully investigate the claim. In Nebraska, insurance companies owe a legal duty of good faith and fair dealing to their policyholders. If an insurer intentionally tries to avoid its obligations, or unfairly denies or underpays a claim, this could be considered bad faith under Nebraska law. Understanding your rights can be essential if you believe your insurer is treating you unfairly.

Why You May Need a Lawyer

Navigating a bad faith insurance claim can be complex. Many people seek legal assistance in the following situations:

  • The insurance company unjustifiably denies a legitimate claim.
  • Claims are being delayed without valid reasons or clear communication.
  • The insurer offers a settlement much lower than what is fair or promised in your policy.
  • Your insurer fails to investigate or process your claim within reasonable timeframes.
  • You experience repeated requests for unnecessary documents or information, causing undue delays.
  • There is misrepresentation of the coverage or policy terms by the insurance company.

Legal help can ensure your rights are protected and may assist in recovering compensation for both your original loss and any additional damages caused by the insurer's wrongful actions.

Local Laws Overview

In Nebraska, bad faith insurance laws are shaped by both state statutes and court decisions. Insurance companies are required to follow Nebraska’s Unfair Insurance Claims Settlement Practices Act, which lists actions considered unfair, such as misrepresenting facts or policy provisions, failing to acknowledge claims promptly, or not attempting in good faith to settle claims when liability is clear.

If an insurer acts in bad faith, Nebraska courts may allow policyholders to sue not just for the value of their original claim but also for extra damages resulting from the bad faith conduct, and in some cases, attorneys' fees. However, proving bad faith can be challenging, as you must show more than just a disagreement over the value of the claim - there must be evidence of intentional or egregious disregard for your rights. Nebraska courts closely examine the specific facts of each case.

Frequently Asked Questions

What is considered bad faith by an insurance company in Nebraska?

Bad faith can occur if an insurer unreasonably denies, delays, or underpays a claim, does not properly investigate, uses deceptive practices, or ignores its contractual obligations under your policy.

How do I know if my claim was denied in bad faith?

Look for signs such as lack of explanation for denial, unreasonable delays, repeated requests for the same information, or clear evidence your claim should have been accepted under your policy.

What types of insurance can be involved in bad faith claims?

Bad faith can occur with any type of insurance including auto, homeowners, health, life, liability, or any business insurance policies.

What damages can I recover if I win a bad faith insurance claim in Nebraska?

You may recover the amount originally owed to you, plus additional damages for emotional distress or financial harm caused by the insurer’s conduct, and potentially your attorney fees.

Is there a time limit for filing a bad faith lawsuit in Nebraska?

Yes. Nebraska law sets specific statutes of limitations, often tied to the underlying insurance policy or breach of contract timeline, so it is important to act promptly if you suspect bad faith.

Can I file a complaint with a government agency?

Yes, policyholders can file complaints with the Nebraska Department of Insurance if they believe an insurer engaged in unethical or unlawful claims practices.

What should I do if I think my insurer is acting in bad faith?

Keep detailed records of communications and documents, request written explanations of decisions, and consult an attorney who understands Nebraska insurance law.

Does hiring an attorney guarantee success?

While an attorney can significantly improve your chances by building a strong case and negotiating with insurers, no outcome can be guaranteed. Each case depends on its unique facts and evidence.

Can I negotiate with the insurance company myself?

Yes, but insurers often have more experience negotiating claims. If you feel your claim is being unfairly handled, legal representation is usually advisable.

How much does it cost to hire a bad faith insurance attorney?

Many attorneys handle bad faith cases on a contingency fee basis, meaning they are only paid if you win or settle your claim. Always discuss fee arrangements during your initial consultation.

Additional Resources

These resources can help if you are dealing with a potential bad faith insurance issue in Nebraska:

  • Nebraska Department of Insurance - Offers information on filing complaints and understanding insurance policies.
  • Nebraska State Bar Association - Can help you find licensed attorneys in your area with relevant experience.
  • Legal Aid of Nebraska - Provides free or low-cost legal help to qualifying individuals.
  • Local law libraries - Can provide further reading on Nebraska statutes and court decisions regarding insurance.

Next Steps

If you believe your insurance company has treated you in bad faith, take these steps:

  • Gather all documents related to your insurance policy, claim submissions, and communications with the insurer.
  • Write down a timeline of events, including dates of claim submission, responses, and any delays or denials.
  • Contact the Nebraska Department of Insurance to file a complaint or inquire about common practices.
  • Consult with a Nebraska attorney experienced in bad faith insurance law for an evaluation of your case and advice on the best course of action.
  • Proceed with legal action if advised, ensuring you act within the legal time limits for your claim.

Seeking legal assistance as soon as possible can greatly improve your chances of achieving a fair outcome and holding your insurer accountable for its responsibilities.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.