Strategies, Challenges, and Answers

Nevada’s Unfair Claims Settlement Practices Act Does Not Create A Third-Party Private Right Of Action

Nevada is one of a handful of states that creates a private right of action for violations of its Unfair Claims Settlement Practice Act, NRS 686A.310.  Subsection (2) of the statute provides that “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.”  Third-party claimants have asked whether this private right of action extends to them.  The answer from the Nevada Supreme Court is a … [Read more...]