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:
“In taking out an insurance policy one pays for it in dollars and cents, always at liberty to discontinue payments. If, however, woman’s premium is a husband, she pays for it with her name, her privacy, her self-respect, her very life, “until death doth part.””
—Emma Goldman (1869–1940)
“Somebody just back of you while you are fishing is as bad as someone looking over your shoulder while you write a letter to your girl.”
—Ernest Hemingway (1899–1961)
“A noble person confers no such gift as his whole confidence: none so exalts the giver and the receiver; it produces the truest gratitude. Perhaps it is only essential to friendship that some vital trust should have been reposed by the one in the other. I feel addressed and probed even to the remotest parts of my being when one nobly shows, even in trivial things, an implicit faith in me.... A threat or a curse may be forgotten, but this mild trust translates me.”
—Henry David Thoreau (1817–1862)