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
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
On May 25, 2017, Susan M. Bazis, United States Magistrate Judge for the District of Nebraska, denied an insurer’s Motion to Bifurcate and Stay Discovery on Plaintiff’s Bad Faith Claim.1
Continue Reading Judge Denies Insurer’s Motion to Bifurcate Coverage and Bad Faith
Larry Bache and I have many cases in Nebraska where we represent a contractor with assignments of insurance claims from homeowners. These assignments were made after a hail loss. The policyholder assigned his rights to the insurance claim to the roofing contractor working on his property. Most insurance policies contain what is called an anti-assignment clause, which forbids the policyholder from assigning rights and duties in the policy to anyone else without the insurance carrier’s consent. In Nebraska the insurance companies have steadily argued that our client’s claims are not valid because they were assigned without the insurance companies’ consent.
Continue Reading Court Upholds Post-Loss Assignment of Claims
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?
With several significant hail storms pummeling Nebraska in the last several weeks, my colleague Larry Bache and I are receiving inquiries about claims handling statutes in Nebraska.