Nebraska Accidents

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Glossary

bad faith

You might see this phrase in a denial letter, a complaint filed in court, or a lawyer's warning that an insurer is not handling a claim fairly. In plain terms, bad faith means an insurance company acts dishonestly or unreasonably when it investigates, values, delays, or pays a claim. That can include denying benefits without a fair basis, ignoring clear evidence, dragging out the process to pressure a settlement, or failing to explain why coverage is being denied.

For injured people, bad faith matters because insurance companies are supposed to do more than just eventually respond - they must deal with claims fairly and in good faith. After a serious crash on a rural Nebraska highway, for example, a long delay in approving medical payments can leave someone struggling to cover treatment at Nebraska Medicine in Omaha or elsewhere while bills pile up. A bad-faith claim is separate from the underlying insurance claim and may open the door to extra damages beyond the policy benefits.

In Nebraska, bad faith can come up in first-party claims, where a policyholder seeks benefits from their own insurer. Nebraska also regulates unfair claim handling under the Unfair Insurance Claims Settlement Practices Act. In an injury case, bad faith by an insurer is different from comparative fault - Nebraska's modified comparative fault rule can reduce or bar recovery from the at-fault party, but it does not excuse an insurer from handling a covered claim honestly and reasonably.

by Wayne Jelinek on 2026-03-23

Nothing on this page should be taken as legal advice — it's general information that may not apply to your specific case. If you've been hurt, a lawyer can tell you where you actually stand.

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