In Nevada, the elements for the claim of Insurance Breach of the Covenant of Good Faith and Fair Dealing are:
- Plaintiff and Defendants entered into a valid, enforceable contract (the insurance “Policy”);
- Defendants, and each of them, breached their Policy with Plaintiff;
- All contracts within the State of Nevada contain an implied covenant of good faith and fair dealing;
- Plaintiff and Defendants enjoyed a special relationship of trust;
- Defendants, and each of them, breached the covenant of good faith and fair dealing;
- Plaintiff had a justified and reasonable expectation to receive certain benefits from the Policy between Plaintiff and Defendants [LIST THEM];
- Defendants performed under the Policy in such a manner that they were unfaithful to the purposes of the Agreement [LIST HOW];
- [ALTERNATIVE] Defendants insurers refused a claim without proper cause. The claim was for a loss covered by the Policy;
- [ALTERNATIVE] Defendants insurers acted unreasonably and with knowledge that there was no reasonable basis for [ITS/HIS/HER] conduct;
- [ALTERNATIVE] Defendants insurers had no reasonable basis for disputing coverage. Defendants insurers knew or recklessly disregarded the fact that there was no reasonable basis for disputing coverage;
- Defendants’ unfaithful actions were deliberate;
- Plaintiff has suffered damages;
- Plaintiff is entitled to an award of punitive damages; and
- Plaintiff is entitled to an award of attorney fees and costs as damages.
