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Insurance

What is Bad Faith Insurance?

Updated January 24, 2026

When an insurance company unreasonably denies, delays, or underpays a valid claim, or fails to properly investigate or defend its insured.

Understanding Bad Faith Insurance

Insurance companies have a duty of good faith and fair dealing. Bad faith can include denying claims without investigation, unreasonable delays, lowball settlement offers, or failing to defend policyholders in lawsuits. Victims may recover the original claim amount plus additional damages.

Examples

  • 1Denying a valid claim without proper investigation
  • 2Unreasonably delaying payment for months
  • 3Offering far less than the claim is worth to pressure settlement

Why This Matters in Legal Cases

Bad faith insurance practices can turn a straightforward claim into a costly battle. When an insurance company unreasonably denies, delays, or underpays a claim, the policyholder may be entitled to damages beyond the original claim amount—including consequential damages, emotional distress, and in many states, punitive damages. Recognizing bad faith early allows attorneys to hold insurers accountable and leverage additional damages in negotiations.

Frequently Asked Questions

What are common examples of insurance bad faith?

Common examples include denying a claim without conducting a reasonable investigation, unreasonably delaying payment, offering far less than the claim is clearly worth, misrepresenting policy language to avoid coverage, failing to promptly communicate claim decisions, and not providing a reasonable explanation for a denial. Patterns of behavior are more compelling than isolated incidents.

What damages can I recover in a bad faith insurance case?

Depending on your state, you may recover the original claim amount, consequential damages caused by the delay or denial (such as foreclosure due to unpaid fire insurance), emotional distress, attorney fees, and punitive damages. Some states have specific bad faith statutes that provide statutory penalties or treble damages.

Can I sue my own insurance company for bad faith?

Yes. Bad faith claims can be brought against your own insurer (first-party bad faith) when they mishandle your claim. This is common in homeowner's insurance, health insurance, disability insurance, and UM/UIM auto claims. Third-party bad faith occurs when an insurer fails to properly defend or settle a claim against its policyholder.
Last updated: January 24, 2026
Reviewed by: Quilia Legal Content Team

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