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.
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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.
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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.
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