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Bad Faith Insurance

Decent Essays

An insurance policy is a kind of contract between you and the insurance company. Contracts have something called an “implied covenant of good faith and fair dealing,” which means that it is assumed that everyone will hold up their side of the bargain. In the case of an insurance policy, you pay your premiums and the insurance company pays settlements for damage or cover medical expenses. When this happens, everyone is acting in good faith. When an insurance company fails to hold up their legitimate obligations, the company is acting in bad faith. There are several ways that insurance companies can act in bad faith.
Automatic Denial of Claim
One type of bad faith is when an insurance company simply denies the claim automatically. For example, say you have homeowner’s insurance that covers damage from storms and your house is struck by lightning. Unless the policy excludes lightning damage, the insurance company cannot simply deny the claim. They must assess the damage to decide if your policy covers it and provide an explanation for why it isn’t covered, should they deny the claim. If they do deny the claim without investigation and explanation, they are probably acting in bad faith.
Undervaluing Damage …show more content…

Let’s go back to the lightning strike example. Say the lightning damaged the roof of your home, but also caused damage to the wiring in the house and destroyed a number of electronic devices that were plugged in at the time. Assuming the policy covers all of those things, the insurance company is obligated to pay for those home repairs and replacing the electronics. If it offers a settlement that is half the total cost of repairs and replacement, the insurer may be acting in bad faith. A variation on this is when the insurance company conducts a shoddy investigation that leads to an insufficient

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