What Is Bad Faith Insurance Practices in Restoration Claims?
Last updated October 23, 2026
The short answer
Common Examples in Water Damage Claims
A bad faith denial often happens when an insurer cites an irrelevant policy exclusion to avoid paying. For instance, they might wrongly claim gradual seepage applies to a sudden pipe burst. Unreasonable delays in sending an adjuster or approving work are another sign. They may also refuse to cover proper drying methods, arguing the extent of damage is less than it truly is.
Lowballing a claim by offering far less than repair estimates from the pros is a frequent tactic. An insurer might also pressure you to use their preferred contractor who cuts corners. Failing to communicate about your claim status for weeks demonstrates neglect. These practices can leave your home vulnerable to secondary damage like mold growth.
How to Identify Potential Bad Faith
Start by carefully reviewing all correspondence from your insurer. Note any unexplained delays, contradictory reasons for denials, or requests for the same documentation repeatedly. If their settlement offer seems drastically lower than estimates from local water damage pros, that's a red flag. Keep a detailed log of every call, email, and communication.
Be wary if the adjuster dismisses concerns about hidden moisture or mold without evidence. A refusal to consider a full scope of work recommended by restoration experts may indicate bad faith. If the insurer acts as though investigating your claim is a burden, that's another warning sign. Your policy is a contract, and they have a duty to uphold it.
- Denying a claim without conducting a thorough, on-site investigation.
- Failing to provide a clear, written explanation for a denial based on your policy language.
- Significantly delaying payment after all required documentation is submitted.
- Offering a settlement that does not cover the cost to restore your home to its pre-loss condition.
- Misrepresenting policy terms or coverage limits during discussions.
- Ignoring or failing to respond to your communications in a reasonable timeframe.
Steps to Take If You Suspect Bad Faith
First, document everything. Take photos and videos of all damage and keep every estimate and report. Save all emails and letters, and note details of phone calls. Write a formal letter to your insurance company outlining your concerns and requesting a detailed response in writing. This creates a necessary paper trail.
Consult with a qualified attorney who specializes in insurance law. They can review your policy and the insurer's actions to advise on your rights. You may also file a complaint with your state's department of insurance. Acting quickly is important, as water damage can worsen in a short time.
Your Rights and the Role of Documentation
Your insurance policy is a legal contract. The insurer has an implied duty of good faith and fair dealing. This means they must evaluate your claim honestly, promptly, and without deceptive tactics. When they violate this duty, you may have grounds for a legal claim beyond the original damage amount.
Thorough documentation is your strongest tool. Detailed notes, photos, and independent reports from the pros create evidence. This evidence can show the true extent of damage versus the insurer's assessment. Policies vary, and your insurer decides what is covered. However, they must make that decision based on facts, not on avoiding cost.
Working with Restoration Professionals
Local water damage pros provide critical, independent documentation. Their detailed moisture maps, drying logs, and scope of work reports are factual records. An insurer acting in bad faith may try to discredit this evidence. Having a clear, professional report makes it harder for them to argue the damage isn't severe or the methods aren't necessary.
The pros can also help you understand what a complete restoration entails. This knowledge helps you evaluate if an insurer's offer is sufficient. Their detailed reports support your case. If an insurer refuses to pay for their recommended services without cause, it strengthens your suspicion of bad faith. Policies vary, and your insurer decides what is covered.
Talk to someone now
Phones are answered 24/7 for Chandler and nearby communities.
Call Now (480) 526-4676Frequently asked questions
Can I sue my insurance company for bad faith?
Yes, if you have evidence they acted unreasonably. You typically must first exhaust the claim process and file a complaint with your state's insurance department. A lawyer can advise if you have a case for breach of contract or a tort claim seeking additional damages.
How long does an insurer have to pay a claim?
State laws set guidelines, but insurers must act within a reasonable time after receiving all necessary information. Unnecessary delays, like taking months to make a decision on a straightforward claim, can be a sign of bad faith. Check your policy and state regulations for specific timelines.
Should I get a public adjuster for a bad faith claim?
A public adjuster works for you to assess damage and negotiate with the insurer. They can be helpful for complex claims. However, for clear bad faith involving legal violations, consulting an attorney is often the necessary step to understand your full legal options.
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