Institutional Bad Faith

Institutional Bad Faith

Institutional Bad Faith

Institutional bad faith targets company-level conduct: claim handling guidelines, performance metrics, compensation structures, and training that systematically produce unreasonable outcomes.

Proof typically requires discovery beyond the individual claim file into corporate practices and other claims.

Alternative Names:

Systemic Bad Faith, Pattern and Practice Bad Faith

Why it Matters?

This theory is what opens discovery into a carrier's operations, including guidelines, training materials, adjuster performance metrics, and comparable claim files. Courts differ substantially on how much of that discovery to permit, and the fight over scope frequently exceeds the underlying claim in cost. For carriers the practical implication is that internal materials tying adjuster evaluation to closure speed or reserve conservation become exhibits.

Frequently asked questions

What discovery does an institutional theory open?

What discovery does an institutional theory open?

Claim handling guidelines, training materials, adjuster performance and compensation metrics, and in some jurisdictions comparable claim files from other insureds.

How do courts limit this discovery?

How do courts limit this discovery?

Approaches vary widely, from permitting broad pattern discovery to confining the case to the individual claim file, which makes early scope motions important.