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Exclusion provisions in a policy work to limit the range of coverage by restricting certain events or losses; often serving as a basis to deny a claim. Nevada case law has long held the burden is on the insured to prove a claim falls within the scope of coverage, and the insurer bears the burden to prove the applicability of an exclusion. However, for the first time the Supreme Court for the State of Nevada was faced with the question of who bears the burden to prove an exception to a policy’s exclusion provision, essentially restoring coverage.1…
Continue Reading Nevada Insureds Bear Burden of Proving Exceptions to Exclusion Provisions

The mission of the Nevada Division of Insurance (“NDI”) is to “protect the rights of Nevada consumers in their experiences with the insurance industry.”1 Its Consumer Services Section responds to approximately 25,000 consumer inquiries every year and has recovered millions of dollars for Nevada policyholders.2 One of the core functions of the NDI’s Consumer Services Section is to investigate consumer complaints about insurance companies, agents, and adjusters. If your claim has been delayed, wrongly denied, deliberately underpaid, or otherwise improperly managed, you can file a complaint with NID requesting an investigation.
Continue Reading How to File a Complaint with the Nevada Division of Insurance

Insurance agents are important. While some courts suggest that policyholders need to understand their insurance policies, even the insurance industry as cited in yesterday’s post, The Insurance Industry Teaches Ethics But Does It Follow What It Teaches, admits policyholders do not understand their insurance policies. Instead, the insurance industry acknowledges that when policyholders read their policy, they “seldom understand what they are reading. Most people buy their coverage based on trust.”…
Continue Reading Can My Nevada Insurance Agent Be Responsible For Underinsuring Me?

Public adjusters serve a critical ally to policyholders throughout the claim adjustment process. In Nevada, public adjusters are regulated under the provisions of chapter 684A of the Nevada Revised Statutes (NRS) and chapter 684A of the Nevada Administrative Code (NAC).1 The Nevada Division of Insurance outlines what is required of public adjusters in the Silver State.
Continue Reading Nevada Public Adjuster Requirements and Regulations

Most insurance policies contain a contractual provision that sets forth the time frame in which the insured must commence suit should a dispute arise concerning the policy. In many instances, these limitation provisions provide that the insured must file suit no later than one year after the date of the loss.
Continue Reading It took my carrier almost a year to make their coverage determination, and now I am being told that the one-year limitations period under the policy ends in a few days. Is that right?

The State of Nevada is known as the “Silver State” for its large silver mine industries, but it is also popular for the casinos in its largest city, Las Vegas. For property policyholders in Nevada it is important to know that the state provides statutes that protect and guide insureds during the claim handling process.
Continue Reading Claim Handling Requirements by State – Nevada

As I write this post, I’m on a flight to Las Vegas, Nevada, for a Merlin Law Group seminar. I’ve been to Nevada before on several occasions, but this will be the first time to Las Vegas! It seems only fitting that in this episode we’re traveling to Nevada, the Silver State, to define insurable interest.…

Continue Reading Insurable Interests Defined: A Blog Series – Episode Six, Nevada

I recently received a call from a policyholder in Nevada who inquired about the statute of limitations for an insurance bad faith case in that state. As some of us have come to know, there are differences among the various states as to the time limitations by which one can bring an action against an insurance company for bad faith.…

Continue Reading Statute of Limitations for an Insurance Bad Faith Case in Nevada