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Patrick Ryan Leverty

Patrick Leverty’s Answers

2 total

  • Seeking a NV attorney to review my long term disability claim denial from Standard Ins.

    Denied in January. I worked for the state of NV.

    Patrick’s Answer

    • Selected as best answer

    My law firm, Leverty & Associates Law Chtd., has handled a number of long term disability cases against Standard Insurance Company for State of Nevada employees. Please feel free to contact this office to set up a time to review your long term disability claim denial.

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  • Auto Insurance Cancellation and Coverage

    I have had an on going issue with my insurance company about never receiving bills or notices. I've addressed it numerous times but the issue was and still hasn't been resolved. I was told however that my payment was due the 9th of every month. I ...

    Patrick’s Answer

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    Nevada has a statute (NRS 687B.320) that addresses when and how an insurance company can cancel a policy. That statute provides, "no insurance policy that has been in effect for at least 70 days or that has been renewed may be cancelled by the insurer before the expiration of the agreed term or 1 year of the effective date of the policy or renewal, whichever occurs first" except for following grounds: (1) except on any one of the following grounds: "(a) Failure to pay a premium when due;" Therefore, your insurance company does have a right to cancel your policy for failure to pay the premium when due.

    However, that cancellation is not effective for failure to pay the premium until "at least 10 days . . . after the notice is delivered or mailed to the policyholder." NRS 687B.320(2).

    So it all depends on when your insurance company mailed the notice of cancellation. When you get the cancellation notice make sure you keep it and the envelope to verify the date the cancellation was mailed.

    Another issue is whether the insurance company has made a practice of accepting the late payments. If so the insurance company may not be allowed to refuse to accept the late September payment. McKeeman v. General American Life Ins. Co., 111 Nev. 1042, 1051, 899 P.2d 1124 (1995) (pattern of late acceptance of premiums estopped insurer from denying coverage based on failure to timely pay).

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