Insurance · Laws and Regulations

What is 'bad faith' in insurance claims handling?

Correct answer

Insurer conduct in handling a claim that breaches the duty of good faith and fair dealing — examples include unreasonable denial, delay, inadequate investigation, or refusal to settle within limits when liability is clear

  1. A An insured lying on application
  2. B Insurer conduct in handling a claim that breaches the duty of good faith and fair dealing — examples include unreasonable denial, delay, inadequate investigation, or refusal to settle within limits when liability is clear
  3. C A type of fraud by the claimant
  4. D Slow payment

Why this is the answer

Bad faith is conduct by an insurer that breaches the implied covenant of good faith and fair dealing in every insurance contract. Examples: (1) Denying a clearly covered claim without reasonable basis; (2) Unreasonable delay in investigation or payment; (3) Failure to thoroughly investigate before denying; (4) Misrepresenting policy provisions; (5) Refusing to settle a liability claim within policy limits when liability is clear and the claim could exceed limits (exposing the insured to personal liability); (6) Demanding documentation not required by the policy. Bad faith creates 'extra-contractual' liability — damages beyond the policy limits, often including emotional distress, attorney fees, and punitive damages. State laws vary; some recognize bad faith as a tort, others as a contract breach with extra-contractual damages, some allow only statutory remedies. Bad-faith litigation is a significant area of insurance practice and motivates insurers to handle claims carefully.
Source: NAIC Model Outline, Bad Faith

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