Insurance bad faith is a legal term of art unique to the law of the United States that describes a tort claim that an insured person may have against an insurance company for its bad acts. Under the law of most jurisdictions in the United States, insurance companies owe a duty of good faith and fair dealing to the persons they insure. This duty is often referred to as the "implied covenant of good faith and fair dealing" which automatically exists by operation of law in every insurance contract. If an insurance company violates that covenant, the insured person (or "policyholder") may sue the company on a tort claim in addition to a standard breach of contract claim. The contract-tort distinction is significant because as a matter of public policy, punitive or exemplary damages are unavailable for contract claims, but are available for tort claims. The result is that a plaintiff in an insurance bad faith case may be able to recover an amount larger than the original face value of the policy, if the insurance company's conduct was particularly egregious.
Read more about Insurance Bad Faith: Historical Background, Bad Faith Defined, Assignment or Direct Action, Litigation
Famous quotes containing the words insurance, bad and/or faith:
“The Republican convention, an event with the intellectual content of a Guns’n’Roses lyric attended by every ofay insurance broker in America who owns a pair of white shoes.”
—P.J. (Patrick Jake)
“A bad end, a sad end, was the last end of Mieze. And why, why, why? What crime had she committed? She came from Bernau into the whirl of Berlin, she was not an innocent girl, certainly not, but her love for him was pure and steadfast; he was her man and she took care of him like a child. She was struck down because she happened by chance to encounter this man; such is life, it’s really inconceivable.”
—Alfred Döblin (1878–1957)
“My course is a firm assertion and maintenance of the rights of the colored people of the South according to the Thirteenth, Fourteenth, and Fifteenth Amendments, coupled with a readiness to recognize all Southern people, without regard to past political conduct, who will now go with me heartily and in good faith in support of these principles.”
—Rutherford Birchard Hayes (1822–1893)