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.

Continue Reading Nebraska Bad Faith Pleading and Requirements

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

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

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?