An insurance class action case in Nebraska recently discussed obligations of good faith and fair dealing.1 Nebraska recognizes that the breach of the covenant of good faith and fair dealing is actionable and provides policyholders with extracontractual remedies.
We are often asked by insureds about the timeframe in which they must file a lawsuit against their insurance carrier related to property damage caused by a storm where the insurance carrier refuses to fully pay for the damage or has denied the claim for damage. This is referred to as the statute of limitations in the legal realm and typically starts at the time of the breach or failure to do the thing that is the subject of the insurance agreement.1…
Continue Reading Time Limit for Filing Lawsuit in Nebraska Related to Insufficient/Nonpayment of Your Property Damage Claim
Nebraska’s Unfair Insurance Claims Settlement Practices Act, found at Neb. Rev. Stat. § 44-1535, et seq., does not allow for a private right of action. Under Neb. Rev. Stat. § 44-1537:
The purpose of the Unfair Insurance Claims Settlement Practices Act is to set forth standards for the investigation and disposition of claims arising under policies issued to residents of this state.
Tasked with safeguarding those affected by the business of insurance through the fulfillment of statutory obligations and promoting the fair and just treatment of all parties to insurance transactions, Bruce R. Ramage was appointed as Nebraska’s Director of Insurance by Governor Dave Heineman in November 2010.
Continue Reading How to File a Complaint with the Nebraska Department of Insurance about your Delaying, Denying and Bad Treating Insurance Company
Two weeks ago, Merlin Law Group attorneys Michael Duffy and Larry Bache received a unanimous jury verdict in a case of first impression in Nebraska on assignment of claims.
Continue Reading Merlin Lawyers Earn Unanimous Nebraska Trial Verdict
Nebraska appraisals are virtually non-existent. The Supreme Court of Nebraska equated an appraisal clause to an arbitration clause, as both serve to “oust” courts of their jurisdiction, and therefore unenforceable.1…
Continue Reading Appraisal in Nebraska and New Insurance Bulletin Regarding Nebraska Appraisals
Insurance companies hate producing its claims guidelines, loss ratios, and other relevant documents in bad faith litigation. Recently, a Nebraska federal trial court denied Owners Insurance Company’s request to bifurcate my client’s bad faith claim from its breach of contract claim. This ruling prevents unnecessary costs and delay and will allow the insured its day in court much faster.
Continue Reading Court Finds Policyholders are Entitled to Bad Faith Discovery
In Nebraska, the test for calculating actual cash value is Fair Market Value. In Olson v. Le Mars Mutual Insurance Company of Iowa,1 when both the insurer and insured advocated use of the broad evidence rule, the Nebraska Supreme Court held that the test was Fair Market Value.
Continue Reading Calculating Actual Cash Value, Part 23: Nebraska
Readers of our blog know that the attorneys at Merlin Law Group practice nationwide and report on issues and cases nationwide. I recently began working on a new case in Nebraska, so I thought I would share with you a recent case1 there regarding notice requirements.
Continue Reading Notice Requirement in Nebraska
After the widespread damage from recent and repeated hailstorms in Nebraska, we are receiving reports that insurance carriers are neither properly investigating the damage nor timely paying claims. Much like the claims we see from last year’s Oklahoma tornadoes, we caution policyholders to read their insurance policy and pay particular attention to the “Filing Suit Against Us” provision.
Continue Reading Nebraska Coverage Series: How Long Do Policyholders Have to File Suit From the Recent Hail Storms?