Insurance · Bad Faith and Ethics

What constitutes 'bad faith' claims handling by an insurer or adjuster?

Correct answer

Unreasonable conduct in handling a claim — such as unjustified denial, unreasonable delay, failure to investigate properly, or lowball offers without basis — that breaches the duty of good faith and fair dealing

  1. A Unreasonable conduct in handling a claim — such as unjustified denial, unreasonable delay, failure to investigate properly, or lowball offers without basis — that breaches the duty of good faith and fair dealing
  2. B Paying a claim promptly
  3. C Investigating a claim thoroughly
  4. D Requesting documentation

Why this is the answer

Bad faith refers to an insurer's or adjuster's unreasonable or unfair conduct in handling a claim, breaching the implied duty of good faith and fair dealing owed to the insured. Examples include denying a valid claim without a reasonable basis, unreasonably delaying investigation or payment, failing to conduct a proper investigation, misrepresenting policy provisions, or making lowball offers not supported by the facts. Bad-faith conduct can expose the insurer to damages beyond the policy limits, including in some cases punitive damages. Proper, prompt, fair, and well-documented claims handling avoids bad faith. Understanding what constitutes bad faith is critical content for the adjuster exam.
Source: NAIC Adjuster, Bad Faith

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About this topic: Bad Faith and Ethics

Bad faith and ethics questions cover the insurer's duty of good faith, the conduct that unfair-claims-practice laws prohibit, and the consequences — extra-contractual damages — when a claim is handled unfairly. This is one of 7 Insurance Adjuster questions on bad faith and ethics, each with a full explanation on a single study page.

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