bad faith


bad faith
The opposite of "good faith," generally implying or involving actual or constructive fraud, or a design to mislead or deceive another, or a neglect or refusal to fulfill some duty or some contractual obligation, not prompted by an honest mistake as to one's rights or duties, but by some interested or sinister motive.
Term "bad faith" is not simply bad judgment or negligence, but rather it implies the conscious doing of a wrong because of dishonest purpose or moral obliquity; it is different from the negative idea of negligence in that it contemplates a state of mind affirmatively operating with furtive design or ill will. Stath v. Williams, Ind. App., 367 N.E.2d 1120, 1124.
An intentional tort which results from breach of duty imposed as consequence of relationship established by contract. Davis v. Allstate Ins. Co., 101 Wis.2d 1, 303 N.W.2d 596, 599.
Insurance.
"Bad faith" on part of insurer is any frivolous or unfounded refusal to pay proceeds of policy; it is not necessary that such refusal be fraudulent. State Farm General Ins. Co. v. Clifton, 86 N.M. 757, 527 P.2d 798, 800.
For purposes of an action against an insurer for failure to pay a claim, such conduct imports a dishonest purpose and means a breach of a known duty (i.e., good faith and fair dealing), through some motive of self-interest or ill will; mere negligence or bad judgment is not bad faith. Blue Cross and Blue Shield of Alabama v. Granger, Ala., 461 So.2d 1320, 1327

Black's law dictionary. . 1990.

Synonyms:

Look at other dictionaries:

  • bad faith — n: intentional deception, dishonesty, or failure to meet an obligation or duty no evidence of bad faith compare good faith in bad faith: with or characterized by intentional deception or dishonesty possessor in bad faith an obligation …   Law dictionary

  • bad faith — bad faith, adj. lack of honesty and trust: Bad faith on the part of both negotiators doomed the talks from the outset. Cf. good faith. * * * bad faith 1. Treachery 2. Insincerity or disingenuousness 3. The breaking of a promise • • • Main Entry:… …   Useful english dictionary

  • bad faith — ➔ faith * * * bad faith UK US noun [U] ► dishonest behaviour with the intention of deceiving someone: »Consumers have the right to sue insurers for breach of contract or for acting in bad faith. → Compare GOOD FAITH(Cf. ↑ …   Financial and business terms

  • bad faith — noun uncount the condition of not being sincere or honest about your intentions: in bad faith: This agreement was made in bad faith …   Usage of the words and phrases in modern English

  • bad faith — bad faith, adj. lack of honesty and trust: Bad faith on the part of both negotiators doomed the talks from the outset. Cf. good faith. * * * …   Universalium

  • bad faith — n. insincerity; dishonesty; duplicity …   English World dictionary

  • Bad faith — For other uses, see Bad faith (disambiguation). Two hearts redirects here. For things named Two Hearts , see Two Hearts. Further information: Self deception and Deception Bad faith (Latin: mala fides) is double mindedness or double… …   Wikipedia

  • bad faith — UK / US noun [uncountable] the condition of not being sincere or honest about your intentions in bad faith: This agreement was made in bad faith …   English dictionary

  • bad faith — The antithesis of good faith; a state of mind affirmatively operating with a furtive design, with a motive of self interest or ill will, or for an ulterior purpose. 37 Am J2d Fraud § 1. Though an indefinite term, it differs from and is stronger… …   Ballentine's law dictionary

  • bad faith — noun intent to deceive: the slave owners had acted in bad faith …   English new terms dictionary


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