No legitimate insurance adjuster sets out to commit misconduct that could constitute bad faith. However, the expenses associated with bad faith lawsuits and the upswing in legal action are strong indicators that insurers need to reconsider the economic implications of bad faith for their company. Knowing what constitutes bad faith and how to avoid it can save legal headaches and a significant amount of money.
Understanding Bad Faith
Every state has its own set of laws governing the minutia of bad faith lawsuits. However, the majority of states define bad faith as a combination of negligence and deliberate misconduct. Most states determine if negligence occurred using a simple and objective analysis to determine if the insurance provider behaved in a way that was unreasonable toward the customer.
The second element of bad faith is establishing whether the company behaved unreasonably on purpose. It’s important to note that negligence alone is not enough to establish bad faith. Accidents happen and employees can make mistakes unwittingly.
5 Practices that Can Result in Bad Faith Claims
The following are examples of behaviors that can result in bad faith lawsuits. Insurance providers need to take all possible steps to ensure these behaviors do not occur to avoid costly litigation:
- Delaying, disregarding, or denying payment without a reasonable basis for doing so
- Failing to reply within a reasonable time frame to a notice regarding a new covered claim
- Neglecting to perform a swift, unbiased, and realistic assessment of damages and rightful settlements to insured within a reasonable period, especially when liability is clear
- Attempting to offer a settlement far less than what a reasonable person would believe is acceptable or attempting to undercut a claim’s severity, forcing the insured to file a lawsuit
- Requiring the insured to provide a burdensome amount of documentation that their policy doesn’t require
Again, none of the above can constitute bath faith on their own basis without the insurer intentionally doing so. However, the behaviors are enough to initiate a lawsuit regardless, and it’s better to avoid going to court whenever possible.
Acting in good faith should be a guiding principle for all insurers and having a solid claims management system in place can help achieve that goal. Contact the experts at Actec to learn how we can simplify and improve your claims management processes.

Many people associate the winter months with illnesses such as the common cold. However, people are just as easily susceptible to catching a cold in the summer months as well. Unfortunately, many of the symptoms of a cold mimic those of allergies. It can be difficult to tell the two apart, and, once a sick employee comes to work, much of the damage is done. Identifying key differences between the common cold and allergies is the first step to keeping the workplace healthy.
Despite proper planning and safeguards, workplace accidents can happen. Injured employees often file worker’s compensation claims to help them pay for medical expenses and lost wages while they recuperate. However, some unscrupulous employees abuse the system and it costs everyone money. Fraudulent claims increase insurance premiums for employers, the workload for the remaining employees, the time required to complete projects or provide services, and manufacturing costs due to production delays.
Absenteeism costs employers a significant amount of time and money; it also has a negative effect of productivity and overall office morale so it’s best to identify it and address it before it becomes a costly problem. Thankfully, many employees who abuse their paid leave show predictable patterns. This allows employers to pinpoint the behavior to take action.
Improving claims management efficiency is a multi-pronged effort. It isn’t enough to streamline processes or hire the best people. Insurers also need to upgrade their technology and enhance communication efforts. By making the necessary changes, efficient insurance providers can gain an edge on the competition. Clients value swift claims resolutions with few hiccups. By processing claims swiftly and accurately, insurers can improve customer satisfaction, increase revenue, and lower costs.
Mistakes happen, but they don’t have to happen often nor should they. Whether it’s a bad judgment call or a simple oversight, mistakes add up to much bigger issues down the line. The following are some of the most common errors that auditors encounter when reviewing claims:
With the arrival of warm summer weather and enticingly clear skies, employers may notice their staff’s attention wandering. With friends and families going on vacations all around them, it’s hard not to daydream, especially when they live vicariously through it on social media. Employers may notice employees calling out frequently on Fridays or Mondays to prolong their weekends or other disruptive absences.
such as an auto repair facility not communicating well. Adjusters with an employee mentality will wait for the information to come to them. Adjusters that take ownership of their claims will seek out that information for faster claims resolution.
The workday is a finite amount of time and employers want their staff to use every minute of it effectively. Even the most dedicated employees may struggle with maximizing their productivity. Most people can’t accurately track the passage of time when they’re focusing on a task. It’s all too common for checking emails to go from a fifteen minute task to a 90 minute task without the employee realizing it. The following are several methods to improve productivity in the workplace:
While gaining new customers is vital to an insurance company’s success, retaining existing customers is more so. This is because it costs significantly more money to acquire a new customer than it does to retain one. If an insurer is experiencing a high volume of customer turnover, they may need to examine their claims process. The claim cycle is a vital part of the customer’s experience. By streamlining how customers file claims, insurers can improve customer satisfaction and retention.