NRS
686A.310 Unfair practices in settling claims; liability of insurer for
damages.
1. Engaging in any of the following
activities is considered to be an unfair practice:
(a) Misrepresenting to insureds or claimants
pertinent facts or insurance policy provisions relating to any coverage at
issue.
(b) Failing to acknowledge and act reasonably
promptly upon communications with respect to claims arising under insurance
policies.
(c) Failing to adopt and implement reasonable
standards for the prompt investigation and processing of claims arising under
insurance policies.
(d) Failing to affirm or deny coverage of claims
within a reasonable time after proof of loss requirements have been completed
and submitted by the insured.
(e) Failing to effectuate prompt, fair and
equitable settlements of claims in which liability of the insurer has become
reasonably clear.
(f) Compelling insureds to institute litigation
to recover amounts due under an insurance policy by offering substantially less
than the amounts ultimately recovered in actions brought by such insureds, when
the insureds have made claims for amounts reasonably similar to the amounts
ultimately recovered.
(g) Attempting to settle a claim by an insured
for less than the amount to which a reasonable person would have believed he or
she was entitled by reference to written or printed advertising material
accompanying or made part of an application.
(h) Attempting to settle claims on the basis of
an application which was altered without notice to, or knowledge or consent of,
the insured, or the representative, agent or broker of the insured.
(i) Failing, upon payment of a claim, to inform
insureds or beneficiaries of the coverage under which payment is made.
(j) Making known to insureds or claimants a practice
of the insurer of appealing from arbitration awards in favor of insureds or
claimants for the purpose of compelling them to accept settlements or
compromises less than the amount awarded in arbitration.
(k) Delaying the investigation or payment of claims
by requiring an insured or a claimant, or the physician of either, to submit a
preliminary claim report, and then requiring the subsequent submission of
formal proof of loss forms, both of which submissions contain substantially the
same information.
(l) Failing to settle claims promptly, where
liability has become reasonably clear, under one portion of the insurance
policy coverage in order to influence settlements under other portions of the
insurance policy coverage.
(m) Failing to comply with the provisions of NRS 687B.310 to 687B.390, inclusive, or 687B.410.
(n) Failing to provide promptly to an insured a
reasonable explanation of the basis in the insurance policy, with respect to
the facts of the insured’s claim and the applicable law, for the denial of the
claim or for an offer to settle or compromise the claim.
(o) Advising an insured or claimant not to seek
legal counsel.
(p) Misleading an insured or claimant concerning
any applicable statute of limitations.
2. In addition to any rights or remedies
available to the Commissioner, an insurer is liable to its insured for any
damages sustained by the insured as a result of the commission of any act set
forth in subsection 1 as an unfair practice.
(Added to NRS by 1975,
1285; A 1987,
1067; 1991,
2202)
Notes of Decisions
Zurich American Insurance v. Coeur Rochester, Inc. (2010)
nvd · cites it 50×
“On June 11, 2008, Coeur filed its Answer and Counterclaim (#8), seeking damages for breach of contract, bad faith, and violation of Nevada’s Unfair Trade Practices Act, Nev.Rev.Stat. § 686A.310. Zurich filed the pending “Motion for Summary Judgment or, in the Alternative,…”
Hendon v. Geico Ins. Agency (2019)
nvd · cites it 22×
“For the following reasons, the Court grants Geico's motion and dismisses Plaintiff's second cause of action for violations of NRS § 686A.310. II.”
Albert H. Wohlers & Co. v. Bartgis (1999)
nev · cites it 24×
“The district court erred in finding that Wohlers was liable under NRS 686A.310 Wohlers asserts that it is not an insurer within the meaning of the applicable statutory definition and, thus, it cannot be held liable for alleged unfair claims practices proscribed under NRS 686A.”
Walker v. State Farm Mutual Automobile Insurance Co. (2017)
nvd · cites it 9×
“The complaint alleges six causes of action: (1) breach of contract; (2) violation of the Unfair Claims Practices Act, NRS 686A.310 et seq.; (3) breach of the covenant of good faith and fair dealing; (4) breach of fiduciary duty; (5) misrepresentation; and (6) punitive damages.”
Schumacher v. State Farm Fire & Casualty Co. (2006)
nvd · cites it 9×
“To the extent that Schumacher’s complaint seeks damages for violation of NRS 686A.310, the complaint was filed within the applicable limitation period.”
Rosas v. Geico Cas. Co. (2019)
nvd · cites it 4×
“Rosas asserts four causes of action: (1) breach of contract, (2) unfair practices in settling claims in violation of Nevada Revised Statutes § 686A.310, (3) bad faith and breach of the covenant of good faith and fair dealing, and (4) declaratory relief.”
Turk v. TIG Insurance (2009)
nvd · cites it 11×
“3I0 Turk also brings a statutory claim, alleging that Defendants violated Nev.Rev.Stat. § 686A.310, Nevada’s Unfair Claim Practices statute.”
— Nev. Rev. Stat. § 686A.310(1) — 21 cases
Walker v. State Farm Mutual Automobile Insurance Co. (2017)
nvd
“The complaint alleges six causes of action: (1) breach of contract; (2) violation of the Unfair Claims Practices Act, NRS 686A.310 et seq.; (3) breach of the covenant of good faith and fair dealing; (4) breach of fiduciary duty; (5) misrepresentation; and (6) punitive damages.”
— Nev. Rev. Stat. § 686A.310(1)(a) — 21 cases
Zurich American Insurance v. Coeur Rochester, Inc. (2010)
nvd
“On June 11, 2008, Coeur filed its Answer and Counterclaim (#8), seeking damages for breach of contract, bad faith, and violation of Nevada’s Unfair Trade Practices Act, Nev.Rev.Stat. § 686A.310. Zurich filed the pending “Motion for Summary Judgment or, in the Alternative,…”
— Nev. Rev. Stat. § 686A.310(1)(b) — 11 cases
Hendon v. Geico Ins. Agency (2019)
nvd
“For the following reasons, the Court grants Geico's motion and dismisses Plaintiff's second cause of action for violations of NRS § 686A.310. II.”
— Nev. Rev. Stat. § 686A.310(1)(c) — 16 cases
Zurich American Insurance v. Coeur Rochester, Inc. (2010)
nvd
“On June 11, 2008, Coeur filed its Answer and Counterclaim (#8), seeking damages for breach of contract, bad faith, and violation of Nevada’s Unfair Trade Practices Act, Nev.Rev.Stat. § 686A.310. Zurich filed the pending “Motion for Summary Judgment or, in the Alternative,…”
— Nev. Rev. Stat. § 686A.310(1)(d) — 4 cases
Zurich American Insurance v. Coeur Rochester, Inc. (2010)
nvd
“On June 11, 2008, Coeur filed its Answer and Counterclaim (#8), seeking damages for breach of contract, bad faith, and violation of Nevada’s Unfair Trade Practices Act, Nev.Rev.Stat. § 686A.310. Zurich filed the pending “Motion for Summary Judgment or, in the Alternative,…”
— Nev. Rev. Stat. § 686A.310(1)(e) — 24 cases
Zurich American Insurance v. Coeur Rochester, Inc. (2010)
nvd
“On June 11, 2008, Coeur filed its Answer and Counterclaim (#8), seeking damages for breach of contract, bad faith, and violation of Nevada’s Unfair Trade Practices Act, Nev.Rev.Stat. § 686A.310. Zurich filed the pending “Motion for Summary Judgment or, in the Alternative,…”
— Nev. Rev. Stat. § 686A.310(1)(f) — 12 cases
Zurich American Insurance v. Coeur Rochester, Inc. (2010)
nvd
“On June 11, 2008, Coeur filed its Answer and Counterclaim (#8), seeking damages for breach of contract, bad faith, and violation of Nevada’s Unfair Trade Practices Act, Nev.Rev.Stat. § 686A.310. Zurich filed the pending “Motion for Summary Judgment or, in the Alternative,…”
— Nev. Rev. Stat. § 686A.310(1)(g) — 6 cases
— Nev. Rev. Stat. § 686A.310(1)(l) — 1 case
— Nev. Rev. Stat. § 686A.310(1)(m) — 1 case
— Nev. Rev. Stat. § 686A.310(1)(n) — 5 cases
Zurich American Insurance v. Coeur Rochester, Inc. (2010)
nvd
“On June 11, 2008, Coeur filed its Answer and Counterclaim (#8), seeking damages for breach of contract, bad faith, and violation of Nevada’s Unfair Trade Practices Act, Nev.Rev.Stat. § 686A.310. Zurich filed the pending “Motion for Summary Judgment or, in the Alternative,…”
— Nev. Rev. Stat. § 686A.310(2) — 22 cases
Walker v. State Farm Mutual Automobile Insurance Co. (2017)
nvd
“The complaint alleges six causes of action: (1) breach of contract; (2) violation of the Unfair Claims Practices Act, NRS 686A.310 et seq.; (3) breach of the covenant of good faith and fair dealing; (4) breach of fiduciary duty; (5) misrepresentation; and (6) punitive damages.”
— Nev. Rev. Stat. § 686A.310(5) — 1 case
— Nev. Rev. Stat. § 686A.310(a) — 4 cases
— Nev. Rev. Stat. § 686A.310(b) — 3 cases
— Nev. Rev. Stat. § 686A.310(c) — 7 cases
Zurich American Insurance v. Coeur Rochester, Inc. (2010)
nvd
“On June 11, 2008, Coeur filed its Answer and Counterclaim (#8), seeking damages for breach of contract, bad faith, and violation of Nevada’s Unfair Trade Practices Act, Nev.Rev.Stat. § 686A.310. Zurich filed the pending “Motion for Summary Judgment or, in the Alternative,…”
— Nev. Rev. Stat. § 686A.310(d) — 4 cases
— Nev. Rev. Stat. § 686A.310(e) — 9 cases
— Nev. Rev. Stat. § 686A.310(f) — 2 cases
— Nev. Rev. Stat. § 686A.310(g) — 1 case
— Nev. Rev. Stat. § 686A.310(l)(a) — 1 case
Zurich American Insurance v. Coeur Rochester, Inc. (2010)
nvd
“On June 11, 2008, Coeur filed its Answer and Counterclaim (#8), seeking damages for breach of contract, bad faith, and violation of Nevada’s Unfair Trade Practices Act, Nev.Rev.Stat. § 686A.310. Zurich filed the pending “Motion for Summary Judgment or, in the Alternative,…”
— Nev. Rev. Stat. § 686A.310(l)(b) — 1 case
— Nev. Rev. Stat. § 686A.310(l)(c) — 2 cases
— Nev. Rev. Stat. § 686A.310(l)(d) — 1 case
— Nev. Rev. Stat. § 686A.310(l)(e) — 2 cases
Walker v. State Farm Mutual Automobile Insurance Co. (2017)
nvd
“The complaint alleges six causes of action: (1) breach of contract; (2) violation of the Unfair Claims Practices Act, NRS 686A.310 et seq.; (3) breach of the covenant of good faith and fair dealing; (4) breach of fiduciary duty; (5) misrepresentation; and (6) punitive damages.”
— Nev. Rev. Stat. § 686A.310(l)(i) — 2 cases
— Nev. Rev. Stat. § 686A.310(l)(n) — 1 case
— Nev. Rev. Stat. § 686A.310(n) — 2 cases
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