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 Slow payment
  2. B A type of fraud by the claimant
  3. C 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
  4. D An insured lying on application

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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About this topic: Laws and Regulations

Laws and regulations for casualty insurance cover the state insurance department's powers, producer licensing and conduct, unfair trade and claims practices, and the rules on cancellation and nonrenewal. This is one of 7 Casualty Insurance questions on laws and regulations, each with a full explanation on a single study page.

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