Insurance bad faith occurs several different ways. When handling a claim with its own policyholder or insured, a company may violate its duty of good faith and fair dealing by refusing to pay the correct amount, by delaying payment, or by taking advantage of people who have suffered a catastrophic loss.
Consumers and businesses alike are commonly mistreated by insurance carriers. Insurance policies are intentionally confusing and ambiguous, giving the insurance companies the edge over consumers and businesses. Under the covenant of good faith and fair dealing, implied in all insurance contracts, this mistreatment or fraud is termed "bad faith". Bad faith is when the insurance company does not abide by the terms and conditions of the insured's policy and willfully refuses to pay a legitimate claim for damages.
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