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What Is a Bad Faith Insurance Claim?

Last updated October 31, 2026

The short answer

How Insurers Act in Bad Faith

Bad faith actions by an insurance company are specific failures to handle your claim properly. Common examples include failing to investigate the facts of your loss, denying a claim without a valid reason based on your policy, or offering a settlement far below the actual value of your damage. These actions violate the implied covenant of good faith in your insurance contract.

Another type of bad faith is failing to communicate with you in a timely manner. This includes not responding to your inquiries, not explaining why a claim was denied, or not providing necessary forms. Unreasonable delays in processing your claim or making payments can also constitute bad faith, especially if the delay causes you further financial harm.

What a Homeowner Should Do

If you suspect your insurance company is acting in bad faith, start by documenting everything. Keep a detailed log of all phone calls, emails, and letters, noting dates and names. Save all correspondence from your insurer and your own written follow-ups. This creates a clear record of the claims process and any problematic interactions.

Next, review your insurance policy carefully to understand your coverage. Write a formal complaint letter to your insurance adjuster or supervisor, outlining the facts and your concerns. Policies vary, and your insurer decides what is covered. If the issue persists, you may need to file a complaint with your state's insurance commissioner or consult with a qualified attorney.

  • Document every call, email, and letter with dates.
  • Write a formal complaint to your insurer's claims department.
  • File a complaint with your state's insurance commissioner.
  • Consult with a qualified attorney who handles insurance disputes.
  • Keep copies of your policy and all claim-related paperwork.
  • Do not accept a lowball settlement offer without justification.

The Role of Water Damage Evidence

Thorough documentation of water damage is critical when dealing with an insurance claim. Clear evidence helps establish the cause and full extent of the loss, which your insurer needs to evaluate. If an insurer denies your claim without reviewing proper documentation, this could later support a bad faith argument. Your own photos and notes are a good start.

For a comprehensive record, consider a professional water damage inspection. The pros use tools like moisture mapping to create a detailed report showing moisture levels in walls and floors. This objective evidence can be vital if your insurer disputes the severity or cause of the damage. It provides a factual basis for your claim's valuation.

Preventing Disputes After a Leak

Proactive steps after a water leak can help prevent misunderstandings with your insurer. Immediately stop the water source if it's safe to do so, and take reasonable steps to prevent further damage, like placing buckets under a leak. Document the initial damage with photos and videos before any cleanup begins. Then, notify your insurance company to start the claims process.

Hiring local water damage pros for emergency water extraction and structural drying creates a documented, professional response. Their detailed reports on the source, category of water, and drying process provide the clear timeline and methodology insurers expect. This professional approach can streamline the claims process and reduce room for dispute over the necessary remediation work.

  • Stop the water source and prevent further damage safely.
  • Take extensive photos and videos before any cleanup.
  • Notify your insurance company promptly to report the loss.
  • Hire pros for documented water extraction and drying services.
  • Keep all receipts for temporary repairs or mitigation costs.
  • Request a detailed, written scope of work from the pros.

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Frequently asked questions

What is the first sign of a bad faith insurance claim?

An early sign is an unreasonable delay without explanation. If your insurer fails to communicate, misses deadlines, or does not start an investigation in a timely manner after you file, it may indicate a problem. Keep a record of all missed callbacks or unresponded emails as potential evidence.

Can I handle a bad faith claim without a lawyer?

You can start by filing a formal complaint with your state's insurance commissioner. This regulatory body can investigate and sometimes pressure the insurer. However, for complex cases or to seek damages beyond your policy limits, consulting a qualified attorney is often necessary.

Does documenting water damage help with a bad faith case?

Yes, thorough documentation is crucial. Professional moisture mapping and inspection reports provide objective proof of the loss. If your insurer denies a well-documented claim, that evidence strongly supports your argument that the denial was made without a reasonable basis.

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