“A Promise to Protect Should Not Be Broken”: Pesek Law Secures $11.3 Million Verdict in Insurance Bad Faith Case

On October 16, 2026, a Douglas County jury awarded $11.3 million to an Omaha mother of ten in an insurance bad faith case arising from the denial of her late husband’s life insurance claim. Pesek Law attorneys Ross Pesek and Alejandra Ayotitla represented her at trial.
The verdict followed years of litigation and two jury trials. Behind that legal process was a family trying to move forward after losing a husband and father during the COVID-19 pandemic.
At the beginning of the trial, Ross Pesek reminded jurors of a fundamental principle:

“A promise to protect should not be broken.”.

hat promise, and the consequences of breaking it, were at the heart of the case.

The Protection a Family Counted On

The client and her husband raised a blended family of ten children and operated a family owned business in Omaha.

Her husband already had life insurance when a Farmers agent approached him about moving his insurance business. In 2018, he replaced his existing coverage with a $350,000 life insurance policy from Farmers. The new policy was intended to replace his income if he died. Premiums were approximately $800 per month.

In May 2020, the client gave birth to their youngest child. Later that month, her husband was hospitalized with COVID-19. He died on May 31.

While grieving and caring for a newborn, she sought the life insurance benefits her husband had purchased to help protect their family.

A Denial and a Dispute Over What the Insurer Knew

Farmers denied the claim in September 2020, citing answers about her husband’s medical history on the insurance application. The company offered to return approximately $17,000 in premiums rather than pay the $350,000 benefit.

The client refused to accept that as the resolution.

At trial, Pesek Law challenged the insurer’s position by focusing on information available before the policy was issued. That included text messages notifying the agent of a hospitalization and confirming that it involved her husband’s heart, along with disclosures in a later medical questionnaire.

The trial team argued that the agent had entered incorrect answers on the application and that Farmers disregarded information that should have prompted further investigation before approving coverage and collecting premiums.

Farmers maintained that its investigation supported a reasonable basis for denying the claim. The significance of those disclosures, the agent’s knowledge, and the company’s handling of the application were central disputes presented to the jury.

Two Trials, Two Distinct Questions

In March 2026, a Douglas County jury found that Farmers breached the insurance contract, rejected its fraudulent misrepresentation defense, and awarded the $350,000 policy benefit.

The October trial addressed a separate question: whether Farmers acted in bad faith and what harm its conduct caused the client.

The second jury was not being asked to award the policy benefits again. It was being asked to evaluate the consequences of the insurer’s conduct beyond the unpaid contract.

The Human Cost of the Denial

The trial examined the client’s efforts to sustain the family business and care for her children without the insurance funds she had expected.

The evidence presented on her behalf described financial pressure, borrowing from family, business obligations, and the repossession of her husband’s truck.

Her mother moved into the household to help care for the children. Her son, who had recently graduated from high school, set aside his plans to take on substantial responsibilities in the family business.

The insurer disputed the extent and cause of the claimed damages. The Pesek Law trial team asked jurors to consider how the denial compounded an already difficult situation and to assess the resulting harm.

As Ross explained in his closing argument:
“It’s not based on the contract. It’s based on the harm.”

The jury returned an $11.3 million verdict.

David, Goliath, and the Power of a Jury

Throughout his closing argument, Ross drew on the story of David and Goliath to explain the imbalance of power between an individual and a large corporation.

He reminded jurors that treating both sides fairly did not mean ignoring the differences in their resources or ability to withstand a prolonged legal battle.

Ross told the jury:
“There is one moment that even Goliath fears. It’s this moment. It’s accountability because of a jury.”

For years, the client faced an insurance company with substantial resources to investigate, defend, and litigate its position. She had to find the determination and support to continue pursuing her case.

A jury trial gave her the opportunity to present that case to members of her own community and ask them to decide whether the insurer should be held accountable.

That is one of the most important functions of the civil justice system. No matter how powerful an institution may be, its conduct can be examined and judged by ordinary citizens.

Preparation, Persistence, and Faith in the Jury System

This case required years of work, close examination of insurance records, and preparation to present two distinct claims through two jury trials.

But preparation alone was not enough. The client also needed the determination to continue through years of litigation while raising her family and running her business.

Near the end of his closing argument, Ross spoke directly to the jurors about that persistence:
“Takes faith. Takes faith for Miss Ramos to think that maybe someday there’ll be justice in our community and our world. That if she just holds the line, maybe someday the table will turn. It’ll be up to you to decide if that day is today.”

On October 16, 2026, the jury delivered its answer.

The case reflects Pesek Law’s commitment to understanding the human story behind every case, preparing thoroughly, and pursuing accountability through trial when necessary.

It also reflects the determination of a woman who continued pursuing her case for years and the important role of jurors who gave their time and attention to the evidence.

Their service made it possible for this case to be heard and decided by members of the community.

Together Toward Justice.

La entrada “A Promise to Protect Should Not Be Broken”: Pesek Law Secures $11.3 Million Verdict in Insurance Bad Faith Case se publicó primero en Pesek Law LLC.

That delay is the feeling that fair compensation is not arriving when it is needed most.

That is why, when an insurance company delays, denies, or defends a claim without a fair reason, it becomes an abusive practice. And in certain cases, it may be a sign of insurance bad faith.

Many people do not know that an insurance company cannot simply drag out the process, deny a claim, or pressure someone to accept less without an explanation. Insurance companies must review claims reasonably, communicate clearly, and act in good faith.

What Does “Delay, Deny, and Defend” Mean?

“Delay, deny, and defend” describes a strategy that some insurance companies may use to avoid paying what a claim is truly worth.

First, they delay the process. Then, they deny part or all of the claim. Finally, they defend that decision, hoping the person will get tired, discouraged, or accept less than what they need.

For an insurance company, delay may be a tactic. For a family, it can be a crisis.

How Can This Unfair Practice Be Identified?

Not every delay means the insurance company is acting improperly. Sometimes, an insurance company needs additional information to review a claim.

The problem appears when the delay has no clear explanation, when the insurance company asks for the same thing over and over again, when it ignores important evidence, or when it offers an amount that does not reflect the true impact of the damage.

It may also be a warning sign if the insurance company pressures someone to accept quickly, avoids answering questions, or denies the claim without clearly explaining its reasons.

In those cases, the question is no longer only whether insurance will pay. The question is whether the insurance company is acting fairly.

If this is happening, it may be helpful to learn more about what to do if insurance does not want to pay or to review how a company may act when insurance bad faith exists.

How Long Is It Reasonable to Wait for a Response from the Insurance Company?

The time can vary depending on the type of claim and the information the insurance company needs to review. However, if weeks go by without a clear explanation, if the responses are evasive, or if the company asks for the same thing again and again, it may be time to seek legal guidance.

What Can Someone Do if an Insurance Company Delays or Denies a Claim?

The first thing is not to assume that the insurance company has the final word.

If insurance delays a claim, denies payment, or makes an unfair offer, it is important to keep documents, letters, emails, messages, bills, photographs, reports, estimates, and any communication related to the case.

It is also recommended not to sign documents or accept an offer without fully understanding what it means.

An attorney with experience in claims against insurance companies, can review the situation, explain the available options, and help identify whether the claim is being handled fairly.

For many people, understanding the typical progression of a case also helps them know what may happen next and what stages could come up.

Pesek Law Can Help Step by Step

If an insurance company is delaying, denying, or defending a decision that seems unfair, a conversation can bring clarity.

Pesek Law is a bilingual law firm that supports people and families step by step throughout the claim process. Our team can review what is happening, explain the available options, and guide people on what to do to help ensure the claim is taken seriously.

The first consultation is free. Plus, you pay nothing unless we win your case.

If this situation feels familiar or someone close to you is going through something similar, you can contact Pesek Law at https://peseklaw.com/en/contact-us to receive guidance and understand what the next step may be.

Because when a person has already been affected, the process of seeking help should not become another harm.

Frequently Asked Questions

What Documents Should I Keep During an Insurance Claim?

It is recommended to keep letters, emails, text messages, call records, bills, medical reports, photographs, estimates, proof of expenses, and any document related to the claim. This information can help show how the insurance company has acted.

Can I Ask for Help Even if My Claim Has Not Been Denied Yet?

Yes. It is not necessary to wait for the insurance company to formally deny a claim before seeking guidance. If the process feels confusing, if there are constant delays, or if there is pressure to accept an offer, a consultation can help explain the available options.

Can the Insurance Company Close My Claim if I Do Not Respond Quickly?

In some cases, the insurance company may request information within certain deadlines. That is why it is important not to ignore letters, calls, or emails related to the claim. If what they are asking for is not clear, seeking guidance can help avoid mistakes that may affect the case.

What Happens if I Already Accepted an Offer from the Insurance Company?

It depends on what was signed and on the circumstances of the case. That is why it is important to review any document before accepting an offer. If something has already been signed, it may still be helpful to speak with an attorney to understand what it means and whether any option may still exist.

La entrada Insurance Bad Faith: When “Delay, Deny, and Defend” Becomes Illegal. se publicó primero en Pesek Law LLC.

Your case typically progresses through three phases: before a lawsuit, the lawsuit process, and trial. While every case is different, and not every case will go through all three phases, this overview gives you an idea of what to expect and who will be working with you along the way.

Throughout each phase, you will have a dedicated team guiding you, answering your questions, and keeping you informed about what comes next. Everyone at Pesek Law is bilingual in English and Spanish, so you can communicate with us in the language you are most comfortable using throughout your case.

Phase 1: Before a Lawsuit

Your case begins with our prelitigation team, Zafiras, led by attorney Josephine Ramage and paralegal Jenly Mazariegos.

During this phase, we gather information about your case, review your medical treatment and records, and work toward resolving your case through settlement.

Many cases are successfully resolved during this stage. If your case does not settle, we move forward with filing a lawsuit.

This is also where many personal injury law firms stop. Some firms focus primarily on settling cases before a lawsuit is filed and rarely, if ever, take cases all the way to trial. Insurance companies pay attention to which law firms are willing and able to litigate and try cases. When they believe a firm is unlikely to take a case to trial, they may have less incentive to make an offer that reflects the full and fair value of the claim.

At Pesek Law, we take a different approach. If a fair resolution cannot be reached during this phase, we are prepared to move your case forward and file a lawsuit.

Phase 2: The Lawsuit Process

Once a lawsuit is filed, your case moves to one of our litigation teams.

Colibrí is led by attorney Alejandra and paralegal Ivis Rios Hannon.

Luminosos is led by attorney Daniel Martin DeLoa and senior paralegal Erick Lopez.

During the lawsuit process, your litigation team formally files and develops your case, exchanges information with the opposing side, and continues working toward a resolution. This phase can involve significant work and expense. Depending on the needs of your case, we may retain experts to provide professional opinions, commission accident reconstruction reports, take depositions from witnesses, and gather other evidence needed to build and support your case.

These expenses can add up, but at Pesek Law, we advance the costs necessary to pursue your case. You do not pay us anything unless we win your case. This allows us to invest the resources needed to develop your case without requiring you to pay those litigation expenses out of pocket while your case is pending.

A case can still settle during this phase. In fact, the work performed during litigation can help demonstrate the strength and value of your case. If a fair resolution still cannot be reached, your case moves forward toward trial.

Phase 3: Trial

At Pesek Law, we prepare every case for trial from the very beginning. This means that even while we are working toward a fair settlement, we are building your case with the preparation and attention it would require if it ultimately had to be presented before a judge or jury.

If your case proceeds toward trial, Ross Pesek, Managing Partner and Trial Attorney, joins your litigation team. Ross is our most experienced trial attorney, and his legal accomplishments include successfully obtaining recoveries that exceed insurance policy limits. This means that when a case goes to trial, we are prepared to pursue full compensation when the circumstances support it, even when that amount may exceed the available insurance policy limits.

For example, Ross has obtained a car crash excess settlement that was 30 times the underlying insurance policy limit. In a commercial truck case, he obtained a verdict that was 25 times the insurance company’s final pre-trial offer. These results reflect the level of preparation and advocacy we bring to cases that require litigation and trial.

As your case approaches trial, Ross and your litigation team work together to prepare and present your case before a judge or jury, who will ultimately make the final decision.

Who You Choose to Represent You Matters

If you or a loved one ever needs a personal injury lawyer to stand up for your rights against an insurance company, remember that who you choose to represent you matters.

Insurance companies know which law firms are prepared to take cases to trial, and a law firm’s track record can make a difference in how seriously a claim is taken. At Pesek Law, we prepare our cases for trial and are ready to fight for our clients when a fair resolution cannot be reached.

If you have been injured in Nebraska or Iowa, call Pesek Law for a free consultation at 402-342-9684. Let us listen to your story, explain your options, and help you understand the next step.

Frequently Asked Questions

1. What happens after Pesek Law takes my case?

Your case typically progresses through three phases: prelitigation, the lawsuit process, and trial. Not every case goes through all three phases because your case may be successfully resolved along the way.

2. Who will handle my case before a lawsuit is filed?

Your case begins with our prelitigation team, Zafiras, led by attorney Josephine Ramage and paralegal Jenly Mazariegos. They gather information, review your medical treatment and records, and work toward resolving your case through settlement.

3. Does Pesek Law have Spanish-speaking attorneys and staff?

Yes. Everyone at Pesek Law is bilingual in English and Spanish, so you can communicate with us in the language you are most comfortable using throughout your case.

4. What happens if the insurance company does not offer a fair settlement?

If a fair resolution cannot be reached during the prelitigation phase, Pesek Law is prepared to move your case forward by filing a lawsuit.

5.Why does it matter whether a personal injury law firm is willing to file a lawsuit or go to trial?

Insurance companies pay attention to which law firms are willing and able to litigate and try cases. When they believe a firm is unlikely to take a case to trial, they may have less incentive to make an offer that reflects the full and fair value of the claim.

6. Who handles my case once a lawsuit is filed?

Your case moves to one of our litigation teams. Colibrí is led by attorney Alejandra and paralegal Ivis Rios Hannon, while Luminosos is led by attorney Daniel Martin DeLoa and senior paralegal Erick Lopez.

7. What happens during the lawsuit process?

Your litigation team develops your case, exchanges information with the opposing side, and gathers evidence. Depending on your case, this can include hiring experts, commissioning accident reconstruction reports, taking witness depositions, and obtaining other evidence needed to support your claim.

8. Who pays for experts, depositions, accident reconstruction reports, and other litigation expenses?

Pesek Law advances the costs necessary to pursue your case. You do not have to pay those litigation expenses out of pocket while your case is pending, and you do not pay us unless we win your case.

9. Does filing a lawsuit mean that my case will definitely go to trial?

No. Your case can still settle during the lawsuit process. If a fair resolution cannot be reached, however, Pesek Law is prepared to continue moving the case toward trial.

10. What happens if my case goes to trial?

As your case approaches trial, Ross Pesek, Managing Partner and Trial Attorney, joins your litigation team. Pesek Law prepares cases for trial from the beginning, and Ross and your litigation team work together to prepare and present your case before a judge or jury.

Ross has obtained recoveries exceeding insurance policy limits, including a car crash excess settlement 30 times the underlying insurance policy limit and a commercial truck verdict 25 times the insurance company’s final pre-trial offer.

La entrada Typical Progression of a Case se publicó primero en Pesek Law LLC.

After an accident, many people expect their insurance company to do exactly what it promised: respond, provide guidance, and offer support when it is needed most. But what happens if the insurance company refuses to pay?

Sometimes, answers take too long. The insurance company asks for more documents again and again. Or the offer received simply does not reflect the real impact the injury has had on a person’s life and their family.

The good news is that no one has to face this process alone. There are options, rights, and ways to seek help when an insurance company does not respond the way it should.

Can an Injury Affect the Entire Family?

Yes. A personal injury does not only affect the person who was injured in the accident. It can also change the routine, peace of mind, and stability of an entire family.

In some cases, a family member may have to stop working or change their schedule to care for the injured person.

That is why a personal injury claim should not be seen as just another process or piece of paperwork. Behind every case, there is a person trying to recover and a family trying to stay on its feet.

What Should You Do If the Insurance Company Refuses to Pay or the Promised Help Never Comes?

When an insurance company delays a claim, does not respond, or makes an offer that is too low, many people believe they have no other option.

But an initial offer does not always represent the real value of a case. It also does not mean the insurance company has the final say.

In a personal injury claim, it is important to review the full impact of the injury: medical expenses, lost income, pain, physical limitations, future treatment, and consequences for everyday life.

If the insurance company refuses to pay or offers too little money, legal guidance can help determine whether the case is being handled fairly and what steps may be taken to protect the rights of the injured person.

What Happens If Language Becomes a Barrier?

For many families, facing an insurance claim can be even more confusing when the process takes place in a language they do not fully understand.

Reading legal documents, speaking with adjusters, understanding medical terms, or answering questions from the insurance company can create fear of making a mistake.

No one should feel at a disadvantage for speaking Spanish or for not being familiar with the legal system in the United States.

In these cases, it is always best to seek support from a trusted attorney who can help read important documents, explain what is happening, and clarify the available options before decisions are made that could affect the case.

At law firms like Pesek Law, people can receive guidance in Spanish to better understand their claim, ask questions with confidence, and move forward with greater peace of mind.

Clarity is also a form of protection. When a family understands the process, they can make safer decisions to protect their well-being and their future.

Who Can Help When the Insurance Company Does Not Respond?

The best support is a personal injury attorney who can review the case, explain the available options, and communicate with the insurance company to help ensure the claim is taken seriously.

This does not mean that every case has to go to trial. Many cases are resolved through negotiation. However, having a prepared legal team can help balance the process and prevent an injured person from feeling pressured to accept less than what they need.

At Pesek Law, we understand that an injury can affect much more than physical health. It can change a family’s finances, peace of mind, and future.

That is why we listen to every story with care, explain the process clearly, and support our clients through every step of the way.

If This Situation Feels Familiar, Pesek Law Can Help

If the insurance company refuses to pay, if it does not respond, if the offer seems unfair, or if someone close to you is going through a similar situation, Pesek Law can help review what is happening, explain the available options, and provide guidance on the next steps to help the claim receive the attention it deserves.

The first consultation is free. In addition, there are no attorney fees unless compensation is obtained for the case.

To receive support, simply click here and share information about the case with us. Our team will get in touch as soon as possible. You can also visit us in the heart of Omaha: 4826 S 24th St, Omaha, NE 68107, USA.

Frequently Asked Questions

What should I do if my insurance company refuses to pay after an accident?

It is important not to accept a denial or a low offer without first reviewing the full case. Contacting a personal injury attorney is always the best step, along with keeping documents, medical records, and communications with the insurance company to help understand what options are available to protect a claim.

What happens if my insurance company does not respond after an accident?

It is recommended to keep all documentation, save records of calls, emails, and messages, and seek legal guidance if the insurance company continues delaying its response.

What should I do if the insurance company offers too little money?

You are not required to accept the first offer. A claim should be evaluated by considering medical expenses, lost income, pain, future treatment, and the true impact of the injury.

Can an insurance company delay a claim?

Yes, there may be investigations or requests for information. However, excessive delays or lack of communication can unfairly affect the injured person.

Do I need to go to trial to receive compensation?

Not always. Many personal injury cases are resolved before reaching trial. Even so, strong preparation can help strengthen the claim during negotiations.

At Pesek Law, we are with you.

La entrada Is Your Insurance Company Refusing to Pay? se publicó primero en Pesek Law LLC.

At the end of the day, insurance companies are businesses that do not want to lose money. Their job is to assess risk, control costs, and protect their interests. That is why, from the very beginning, they pay close attention to who is representing the injured person and how prepared that legal team is to take the case to trial if necessary.

It may seem like a small detail, but it can have a tremendous impact on the outcome of a claim.

Insurance Companies Know Which Cases Pose a Real Risk

Insurance companies handle thousands of claims every year. Over time, they learn which law firms are willing to accept a quick settlement and which ones are prepared to present evidence before a jury if the situation requires it.

When an insurance company knows that an attorney will thoroughly investigate the case, consult experts, gather evidence, and fight for their client until the end, the conversation changes.

Suddenly, a low settlement offer no longer seems like a good strategy because the insurer understands that it is facing attorneys who are prepared and willingto challenge unfair tactics. They know they cannot rely solely on delays, pressure, or inadequate offers.

Trial Preparation Increases the Value of a Case

Preparing a case for trial strengthens a claim because it shows that it is supported by thorough investigation, proper documentation, and strong evidence. This forces the insurance company to take more seriously the risks of continuing to offer unfair compensation.

When a company knows it may have to explain its decisions before a jury, the conversation changes.

Settlement offers are more likely to reflect the true extent of the damages, negotiations become more balanced, and injured victims have a fairer opportunity to obtain the compensation they need to move forward with their lives.

For this reason, many of the best outcomes are achieved not because the case actually went to trial, but because the insurance company knew it was dealing with a legal team that was willing and prepared to do so.

Trial Preparation as a Tool to Deter Unfair Practices

Unfortunately, some insurance companies use tactics designed to reduce payouts or emotionally wear down injured individuals.

They may delay responses, challenge necessary medical treatment, or make settlement offers that fail to reflect the true physical, emotional, and financial impact of an injury.

These strategies are often most effective when the company believes no one will challenge its decisions.

However, when there is serious trial preparation behind a case, the situation changes. The possibility that the insurance company’s actions may be publicly examined creates a strong incentive for it to act more responsibly.

In that sense, trial preparation does not only benefit one individual. It also helps promote a fairer system for everyone.

At Pesek Law, Every Case Is Taken Seriously

Most personal injury cases are resolved before ever reaching a courtroom. However, the best results often come from attorneys who prepare every case as though it will eventually be presented to a jury.

That preparation sends a clear message: every injured person deserves to be heard, respected, and treated fairly.

At Pesek Law, we believe that no one should feel pressured to accept less than what they need to rebuild their life after an injury. That is why we approach every case with the same level of commitment, attention, and preparation, regardless of whether it ends in a settlement or in court.

Because when insurance companies know we are prepared to go all the way, they understand that our clients are not alone. And that can change everything.

If you believe your claim is being delayed by an insurance company, contact us.

At Pesek Law, your first consultation is completely free. During that consultation, we can evaluate your case and help determine the best path forward to pursue the compensation you deserve.

Best of all, you pay nothing unless we win your case.

We are located at 4826 S 24th St, Omaha, NE 68107, or you can send us a message through our contact page, and we will get back to you as soon as possible.

At Pesek Law, we stand with you.

At Pesek Law, we are with you.

La entrada Why Insurance Companies Know We’re Going to Trial and Why It Matters se publicó primero en Pesek Law LLC.

Sometimes it is someone worried about their family, someone who does not know what to do after an accident, someone dealing with fear, stress, or uncertainty, or simply someone who needs to feel they are not facing everything alone.

And while legal work requires strategy, experience, and knowledge, at Pesek Law we believe it also requires something equally important: humanity. People are never just a file, a case number, or another legal process.

Listening Is Also Part of the Job

Many times, when someone reaches out to a law firm, they already feel exhausted.

Tired of not finding clear answers, of feeling ignored, of speaking with offices where no one is truly listening, and of having to explain their situation over and over again.

That is why, at Pesek Law, we care deeply about making sure every person feels seen, heard, and supported from the very beginning.

We do not believe in treating people “on autopilot.” We believe in taking the time to understand what is happening, what concerns each client has, and how we can help in the best way possible.

Because we understand that, for the person going through it, this is not “just another case.” It is their life.

The Way We Work With Each Other Matters Too

The way a law firm treats its clients begins with how the people inside the firm treat one another.

That is why, at Pesek Law, we strive to build a culture based on respect, empathy, and mutual support. We know that when a team works with trust and purpose, it directly reflects in the care our clients receive.

And yes, of course we care about doing our legal work well. But we also care about how people feel throughout the process.

We want our clients to know:

• Someone is there to support them.
• Their questions matter.
• They are always welcome to ask.
• They are not alone while navigating something difficult.

We may not always be able to remove the challenges of a legal situation. But we can make the process feel clearer, more human, and less overwhelming.

Sometimes, a follow-up call, a simple explanation, an honest conversation, or simply knowing that someone is truly paying attention can completely change a person’s experience.

And that is something we never want to lose at Pesek Law, no matter how much we grow.

Running a people-centered law firm is a daily decision. It is the way we choose to work every single day.

We constantly remind ourselves that the people who come to our office are often going through vulnerable, important, or difficult moments. And that our job is not only to resolve legal matters, but also to provide peace of mind, clarity, and support along the way.

At Pesek Law, we believe the best legal service begins when people feel something very simple, yet very powerful:

“They truly care about helping me.”

If you need legal guidance, we invite you to visit us at Pesek Law for a completely free initial consultation.

“At Pesek Law, we are with you.”

La entrada Running a People-Centered Law Firm se publicó primero en Pesek Law LLC.

But in many cases, it’s not. Delays, low offers, or denials without clear explanation can quickly turn a difficult situation into a frustrating one.

Bad faith: when the process stops being fair

Bad faith doesn’t usually appear as a single event. It shows up in the way a claim is handled over time.

It often involves decisions like:

• Unjustified delays
• Ignoring relevant evidence
• Offering far less than what is reasonable
• Denying a claim without a solid basis
• Avoiding clear communication

Every insurance company has a clear legal obligation: to act in good faith and deal fairly.

This means they must:

• Evaluate the facts objectively
• Conduct a proper investigation
• Make reasonable decisions
• Communicate clearly
• Avoid taking advantage of the situation

This is not optional. It is not a customer service standard.

When that duty is broken, the situation may involve bad faith. Not mistakes… decisions. This is the most important point.

Insurance companies often explain their actions as:

• “administrative delays”
• “internal processes”
• “pending reviews”

But when the full picture is analyzed, a pattern often appears: these are not isolated mistakes. They are decisions, such as:

• Delaying to create pressure
• Offering less in hopes of quick acceptance
• Denying early to avoid paying

So, what is a bad faith claim?

When this happens, there is a legal path forward: a bad faith claim.

Unlike a standard claim, this type of legal action focuses not only on the outcome, but on something more important:  how the claim was handled.

It allows improper conduct to be challenged directly.

How a bad faith claim protects you

Without legal action, the process typically looks like this:

1. The insurance company makes the decisions
2. The injured party reacts to them

Once a bad faith claim is filed, the dynamic shifts:

1. The insurance company must justify its decisions
2. Its conduct is evaluated under legal standards

This creates real impact:

• The case is taken more seriously
• Pressure tactics and delays are reduced
• There is a stronger path to fair compensation
• Improper conduct may carry consequences

It’s no longer just negotiation. It becomes accountability.

How a bad faith case is built?

A bad faith claim requires a strategic legal approach. A law firm like Pesek Law focuses on:

• Analyzing every decision made during the process
• Identifying actions without a reasonable basis
• Detecting patterns of unfair conduct
• Building a strong legal case

The goal is not just to show disagreement, but to demonstrate that the process itself was handled improperly.

Warning signs that should not be ignored

Certain patterns may indicate bad faith:

• Repeated delays without explanation
• Lack of clear communication
• Offers far below what is reasonable
• Denials without a solid basis
• Processes that seem designed to wear you down

When these signs appear, the situation deserves closer review. Taking action is also protection

Taking action can:

• Set clear limits
• Demand transparency
• Prevent accepting less than what is fair

At Pesek Law, every decision matters

In bad faith cases, the issue is not just the outcome. It’s the decisions behind it.

At Pesek Law, the focus is clear:

• Analyze the full process
• Identify bad faith conduct
• Challenge unjustified decisions
• Build a strong legal strategy

Free consultation

If the process is not moving as it should, a legal review can provide clarity on available options.

If you suspect a case of bad faith, it’s best to review it and identify the issue promptly to ensure justice is served.

At Pesek Law, we offer a completely free initial consultation to review your case. Request one by  clicking here or visit us at 4826 S 24th St, Omaha—we’re located in the heart of Omaha.

This content is for informational purposes only and does not constitute legal advice. Each case must be evaluated individually.

La entrada What Is an Insurance Bad Faith Claim and How Does It Protect You? se publicó primero en Pesek Law LLC.

At Pesek Law LLC, we understand this at its core. Since 2011, we have offered free legal consultations in Spanish every Monday evening through our Free Legal Clinic Free Legal Clinic at the parish offices of Our Lady of Guadalupe in South Omaha. This service was born from a simple idea: remove the first obstacle many families face when seeking legal help the cost of a consultation and replace it with access, trust, and dialogue.

Why a Free Legal Clinic?

We know that for many families, paying $150–$300 for a consultation with an attorney is simply not a realistic option. That cost can mean sacrificing groceries, rent, or medication. The Pesek Law Free Legal Clinic exists to change that reality. Each week, a team of bilingual volunteer attorneys is there, ready to sit with you, listen to your story, and provide clear guidanceat no cost.

This space is not a courtroom hearing or a formal high-level consultation. It is a safe place to explain what is happening, what concerns you, and what options you may have. We have seen how behind every question is a person who wants to understand, move forward, and make informed decisions without feeling alone in the process.

Listening Is More Than Hearing Words

As attorneys, our role goes beyond applying the law. The first thing we truly do is listen. Active listening is the foundation of any effective legal advice.

Many people who have come through our clinic tell us that, for the first time, they felt someone spoke their language not only linguistically, but with human understanding. That opens doors: it eases fears, clarifies options, and helps outline the next step with confidence.

From Our Meeting to the Courtroom

Justice means knowing your rights, understanding how your options work, and feeling that a professional is walking alongside you through the process. In our clinics, we do more than answer questions; we connect individuals with resources and explain, step by step, what may come next.

This effort would not be possible without the commitment of dedicated volunteer attorneys who believe as we do that access to legal guidance should not depend on anyone’s ability to pay.

Our Call to the Community

If you are facing a legal situation and don’t know where to begin, we invite you to attend our clinic. No appointment is necessary simply arrive between 7:00 p.m. and 9:00 p.m. at the parish offices of Our Lady of Guadalupe and you will be assisted on a first-come, first-served basis.

And if you are a bilingual attorney with a desire to serve, your experience can make a meaningful difference in the life of someone who truly needs it. Join us.

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Bad faith happens when an insurance company fails to handle a claim properly or fairly, even though it has a duty to do so. This isn’t about a simple mistake or a normal delay. It’s about practices that, taken together, can stall the claim, wear down the injured person, or pressure them into accepting less than what they deserve.

Common signs of bad faith or to play dirty

Not every delay means bad faith on its own, but if these things keep happening, it’s worth paying attention:

• Unreasonable delays: weeks or months with no real progress, no timelines, and no concrete answers.
• Denials without explanation: a denial based on vague reasons or without clearly citing the policy and supporting evidence.
• Underpayment or lowball offers: quick offers that don’t cover real expenses, treatment, or lost income.
• Repeated requests for the same information: duplicate paperwork demands used as a tactic to exhaust people.
• Poor investigation: decisions made without properly reviewing records, reports, or key information.
• Changing the story: confusing policy interpretations or inconsistent explanations from different adjusters.

Important note: not every delay is bad faith

Sometimes delays happen because of missing information, medical processes, expert evaluations, or administrative procedures. The difference is usually clear when there’s transparency: clear explanations, verifiable steps, and consistent communication.

What to do if something doesn’t seem right

• Document everything: dates, names, emails, calls, what was requested, and what was provided.
• Ask for written reasons: what is being denied, why, and what part of the policy they’re relying on.
• Request a timeline: “What is the next step, and by what date?”
• Don’t sign or accept blindly: especially if there are broad releases or a final closure of the claim.
• Get guidance: a consultation can help clarify whether the claim handling has been fair and what options may exist.

At Pesek Law, the first consultation is completely free. We can review the situation and help determine whether this may be bad faith  by the insurance company, or whether the process has been delayed for other reasons.

To contact Pesek Law, simply click here:

and send us a message, or visit our office at 4826 S 24th St, Omaha, NE 68107, USA.

Pesek Law, together toward justice.

This article is for informational purposes only and does not constitute legal advice.

La entrada When Insurance Companies Play Dirty se publicó primero en Pesek Law LLC.

A trial law firm is a firm that prepares each case as if it may need to be proven in court, even if the goal is to resolve the matter fairly without ever going to trial. The difference isn’t about being combative. It’s about being prepared.

Preparation starts early because details don’t wait. Evidence can disappear, memories fade, and paperwork can become harder to track down. A trial-ready approach means gathering records, securing photos and reports, identifying witnesses, and building a clear timeline. It also means documenting the full impact of an injury, not only medical bills, but how your life and work have changed, and what recovery really looks like day to day.

This kind of work serves a purpose beyond the courtroom. When a claim is organized, supported, and clearly presented, it’s harder to dismiss. Insurance decisions tend to improve when the facts are complete and the story is easy to understand.

Just as important, you should know what’s happening in your own case. Good legal representation includes clear communication: explaining what comes next, what the insurance company is asking for and why, what deadlines matter, and what choices you actually have. If you’re preparing for a deposition or testimony, you deserve guidance that’s calm, practical, and honest, so you’re not walking into a stressful moment feeling unprepared.

If you’re comparing law firms, it’s reasonable to ask direct questions:

* Do you take cases to trial when it’s necessary?

* Who will handle my case day to day?

* How do you prepare clients for depositions or testimony?

* What happens if the insurer delays, denies, or underpays?

Most people don’t need a “big speech.” They need steady support, clear answers, and a plan that makes sense. If you’re not sure where your situation fits, a conversation can help you understand what the process looks like and what options may be available.

At Pesek Law, your first consultation is completely free, so we can review your case and help you understand the next steps. Click here to contact us.

Together toward justice.

*This article is for general information, not legal advice. A consultation can help you evaluate your specific situation*.

La entrada What It Really Means to Be a Trial Law Firm se publicó primero en Pesek Law LLC.