Bad Faith (Insurance)
An insurer's unreasonable denial or delay of a valid claim, failure to investigate properly, or other conduct that breaches the duty of good faith owed to the policyholder.
Bad Faith (Insurance) is a term used across insurance markets worldwide. In practical terms, it refers to an insurer's unreasonable denial or delay of a valid claim, failure to investigate properly, or other conduct that breaches the duty of good faith owed to the policyholder.
What Are the Key Regulatory Requirements for Bad Faith (Insurance)?
Insurance is one of the most heavily regulated industries globally. Bad Faith (Insurance) exists within a framework of laws, regulations, and guidelines that vary significantly between India and the United States.
In India, IRDAI (Insurance Regulatory and Development Authority of India) is the central regulatory body established under the IRDAI Act, 1999. IRDAI sets the rules for insurance companies, intermediaries, surveyors, and loss assessors. Key regulations include the IRDAI (Insurance Surveyors and Loss Assessors) Regulations, which prescribe licensing requirements, professional conduct standards, report submission timelines, and fee structures.
In the United States, insurance is regulated primarily at the state level. Each state has an insurance department headed by a commissioner. The NAIC (National Association of Insurance Commissioners) provides model laws and guidelines, but each state adopts and modifies these independently. This means adjusters working across state lines must understand the specific requirements of each jurisdiction.
How Does Bad Faith (Insurance) Affect Surveyors and Adjusters?
For practicing surveyors and adjusters, bad faith (insurance) translates into specific day-to-day requirements:
- Licensing: IRDAI requires surveyors to hold valid licenses with specific category designations. US states require adjusters to pass exams and maintain continuing education credits
- Documentation standards: Reports must follow prescribed formats with mandatory sections. In India, IRDAI specifies 15 mandatory report sections. In the US, carrier-specific templates apply
- Timeline compliance: IRDAI mandates preliminary reports within 15 days and final reports within 30-45 days. US states have prompt-payment laws requiring timely claim handling
- Ethical standards: Both markets require impartiality, disclosure of conflicts of interest, and professional conduct in all interactions
- Record keeping: Surveyors and adjusters must maintain records of their inspections, reports, and communications for prescribed periods
What Happens When Bad Faith (Insurance) Requirements Are Violated?
Non-compliance with bad faith (insurance) requirements carries significant consequences. In India, IRDAI can suspend or revoke a surveyor's license, impose monetary penalties, or blacklist the professional from working with specific insurers. In the US, state insurance departments can impose fines, suspend or revoke adjuster licenses, and in severe cases, refer matters for criminal prosecution.
Insurance companies themselves face regulatory action for non-compliance with claims handling regulations. This creates pressure throughout the chain, from the carrier down to the field surveyor, to maintain proper documentation and follow prescribed procedures.
How Does Technology Help Meet Bad Faith (Insurance) Requirements?
Compliance is one of the areas where technology has the biggest impact. FieldScribe AI builds regulatory requirements directly into the survey workflow. IRDAI-compliant report templates include all 15 mandatory sections and validate that required fields are completed before the report can be submitted. Timeline tracking alerts surveyors to approaching deadlines. Automated quality scoring flags reports that may not meet regulatory standards.
For US adjusters, carrier-specific templates ensure that each report meets the requirements of the particular insurance company handling the claim. This reduces rejections and rework, which is especially valuable during catastrophe events when volumes are high and time is short.
Related Terms
Good Faith Claims Handling
The legal duty of an insurer to handle claims fairly, promptly, and honestly, including thorough investigation, reasonable evaluation, and timely communication with the policyholder.
Unfair Claims Settlement Practices
Prohibited insurer behaviors defined by US state laws, including unreasonable delays, lowball offers, failure to communicate, and other practices that disadvantage policyholders during claims.
Claim Denial
The decision by an insurer to reject a claim based on policy exclusions, non-disclosure, breach of conditions, or determination that the loss is not covered under the policy terms.