State law

Nevada Life Insurance Claim Law: Pay Within 30 Days of Death, a Damages Remedy for Unfair Practices and a Bad-Faith Tort

Nevada counts its 30-day payment deadline from the date of death, not from proof of death. Interest runs from the death on anything paid later, the unfair claims statute lets an insured sue for damages, and Nevada courts recognize a tort for bad-faith refusal to pay.

Not legal advice. We paraphrased these provisions from the Nevada Revised Statutes on the Nevada Legislature's website.

What is different in Nevada

Nevada starts its payment clock at the death itself, not at the insurer’s receipt of proof: proceeds are due within 30 days after the insured dies, and anything paid later carries interest back to the date of death. Nevada also gives insureds a statutory damages claim for unfair claim practices, and its Supreme Court recognized a tort for bad-faith refusal to pay in 1975.

The 30-day rule and interest

For individual policies, NRS 688A.410 says an insurer shall pay the proceeds of a life policy not more than 30 days after the death of the insured. If it does not, it must pay interest:

  • at a rate not less than its current rate on death proceeds left on deposit with it;
  • from the date of death to the date the proceeds are paid.

NRS 688B.190 applies the same rule to group life insurance. Separately, the policy’s own settlement clause may not give the insurer more than two months after receipt of proof of death (688A.140), but the interest statute does not wait for proof: once 30 days from death have passed, interest is owed from the death. A beneficiary who files late still benefits from interest from the date of death, though delays the beneficiary causes may be raised by the insurer; we have not found Nevada decisions on that point.

Contest period

Once a Nevada life policy has been in force for two years from issue while the insured is alive, the insurer can no longer contest it (NRS 688A.080) other than for unpaid premium. The insurer may carve disability and accidental-death riders out of that rule. The incontestability clause blocks challenges to the policy’s validity only. Exclusions and restrictions written into the policy can still be raised at any time (688A.170).

Suicide and other exclusions

NRS 688A.260 limits what a life policy may exclude. The section allows a short list of exclusions: war and military service, air travel, named dangerous jobs or hobbies, living outside the continental U.S. and Canada, and suicide during the first two years after issue, whether the insured was sane or not (688A.260(1)(b)). Nothing else that turns on how the insured died may be excluded. When an allowed exclusion applies, the insurer still owes at least the policy reserve, adjusted for loans and dividends (688A.260(2)). The section does not apply to group life insurance.

Application misstatements

Nevada treats what the applicant wrote as representations rather than warranties. Under NRS 687B.110 an untrue answer, an omission or concealed fact defeats the claim only when one or more of these applies:

  • the applicant acted fraudulently;
  • the fact mattered to the insurer’s acceptance of the risk or the hazard it took on; or
  • acting in good faith, the insurer would not have issued the policy, or not at that premium or amount, or not covering the hazard that caused the death, had it known the true facts.

Because the grounds are alternatives, the insurer can win on materiality or underwriting without proving intent, but only within the two-year contest period. We have not reviewed Nevada decisions on what evidence of underwriting practice is enough; ask a Nevada lawyer.

Grace period

Every premium after the first gets a grace window of 30 days, or a calendar month if that is longer, and coverage continues during that window (NRS 688A.060). The insurer may charge interest of up to 6% a year for the days of grace used. If the insured dies during grace, the policy remains in force, and the insurer may subtract the overdue premium from what it pays; check the policy wording.

Unfair claims practices and damages

NRS 686A.310(1) lists unfair claim practices, including:

  • misrepresenting pertinent facts or policy provisions (a);
  • not acknowledging and acting reasonably promptly on claim communications (b);
  • failing to accept or deny coverage in a reasonable time once proof of loss is complete (d);
  • not making prompt, fair and equitable settlements when liability is reasonably clear (e);
  • not telling beneficiaries, when paying, which coverage the payment is under (i);
  • not promptly giving a reasonable explanation of the policy basis, facts and law for a denial or compromise offer (n);
  • advising an insured or claimant not to seek legal counsel (o);
  • misleading an insured or claimant about any statute of limitations (p).

The list carries no general-business-practice requirement. And under subsection 2, in addition to the Commissioner’s remedies, an insurer is liable to its insured for any damages the insured sustains from any of these acts. The statute says “insured,” and whether a life insurance beneficiary qualifies is a question we have not verified in Nevada decisions; ask a Nevada lawyer.

Bad-faith tort

In U.S. Fidelity & Guaranty Co. v. Peterson, 91 Nev. 617, 540 P.2d 1070 (1975), the Nevada Supreme Court held that an insurer that refuses without proper cause to pay its insured for a covered loss may be liable in tort for violating the duty of good faith and fair dealing implied in every insurance contract, a duty the court said is imposed by law, not by the contract. The insured there recovered consequential damages for the loss of his business and credit, but the court found no basis for punitive damages on that record. Peterson involved claims by a construction contractor under its own policy, not a life policy; ask a Nevada lawyer how it applies to a beneficiary.

Group life coverage

Nevada’s group life chapter requires:

  • Contestability. After two years, only nonpayment of premium can be used to contest the group policy; a covered person’s insurability statements become uncontestable once that coverage has been in force two years in their lifetime, and must be in a signed writing to be used at all (NRS 688B.060).
  • Conversion to an individual policy when employment or eligibility ends (688B.120) or the group policy terminates (688B.130).
  • Death during conversion. When someone dies inside the conversion window, the amount they could have converted is payable under the group policy even without an application (688B.140).
  • Late notice. If notice of the conversion right comes less than 15 days before the deadline, the person gets more time: 15 days from the notice, but never more than 60 days past the original deadline (688B.160).

Private-employer group coverage is also usually governed by ERISA; see employer group life.

Time limits for a lawsuit

An action on a contract founded on a written instrument must be brought within six years (NRS 11.190(1)(b)). Policy language cannot cut the suit period below three years from accrual (688A.260(1)(a)). Statements by an insurer that mislead a claimant about a deadline are themselves an unfair practice (686A.310(1)(p)).

Killers of the insured

Nevada’s chapter 41B bars a killer from benefiting from the death.

  • A criminal conviction finding that the person was a culpable actor in the felonious and intentional killing conclusively makes them a killer, including a conviction on a no-contest plea (NRS 41B.250).
  • Without a conviction, any interested person, such as a family member, a contingent beneficiary or the estate’s representative, may sue, and the court decides by a preponderance of the evidence, whether or not anyone was charged, convicted or acquitted (41B.110, 41B.260).
  • A killer forfeits rights under any governing instrument, including a beneficiary designation, which is read as if the killer died first. The killer also cannot claim a community-property share of benefits payable only at death (41B.310).
  • An insurer that pays in good faith under the policy is protected unless it had actual knowledge before paying that the beneficiary was barred (41B.400). Notify the insurer in writing, with any charging documents or court papers, as soon as possible.

When a divorce leaves an ex-spouse on the policy

Nevada places its divorce rule among its nonprobate transfer statutes, at NRS 111.781. Ending a marriage by divorce or annulment cancels any changeable gift to the ex, and to the ex’s family members, in a pre-divorce instrument such as a beneficiary form. Specific terms in that instrument, a court order, or a marital property agreement can preserve the gift.

Nevada differs from most uniform-rule states on notice. A payor becomes liable after it receives written or actual notice of a claimed revocation, and the written notice can be of the divorce itself or of a complaint or petition for divorce or annulment. Written notice must be mailed by registered or certified mail, return receipt requested, to the payor’s main office or home, or served like a summons. As elsewhere, ERISA can displace the rule for employer plans (Egelhoff).

Worked example

An insured dies in Las Vegas on August 3, 2026. The beneficiary, coping with the funeral, does not send the death certificate until August 28; the insurer receives it August 31 and pays on September 20. Because payment came more than 30 days after the death, NRS 688A.410 calls for interest from August 3 to September 20 at no less than the insurer’s deposit rate. If the insurer’s letter had told the beneficiary they had to sue within one year, that would conflict with Nevada’s three-year minimum and could be an unfair practice under 686A.310(1)(p).

Making a complaint

The Nevada Division of Insurance takes consumer complaints: File a Complaint (Nevada Division of Insurance). Filing does not extend the time to sue.

Sources

  • Nevada Revised Statutes chapters 11, 41B, 686A, 687B, 688A and 688B, from the Nevada Legislature: leg.state.nv.us.
  • Nevada Division of Insurance, File a Complaint: doi.nv.gov.
  • U.S. Fidelity & Guaranty Co. v. Peterson, 91 Nev. 617, 540 P.2d 1070 (1975) (full opinion, CourtListener): courtlistener.com. Read November 3, 2026.
  • Nevada Revised Statutes 111.781 (Nevada Legislature): leg.state.nv.us.

Not legal advice. This page summarizes general rules and the specific statutes cited. Your policy's wording, the state whose law applies, and whether the coverage came through an employer can all change the result. See the disclaimer and editorial policy.