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Does the Lack of Good Faith Mean the Insurer Was Bad and With Evil Intent? Indiana Case Suggests It Does 

By Chip Merlin on March 16, 2023
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I hate when insurers are accused of acting in “bad faith.” Most people who say that have no idea what they are saying or writing. They are just upset with the results of an insurer investigation. It is the failure to act in the utmost of good faith and fair dealing which historically subjects an insurer to extra-contractual damages. It does not mean that the insurer was “evil” or “bad.”  The law did a disservice to consumers when it called these actions “bad faith” causes of action. 

However, a recent Indiana case seems to indicate that “evil” intent is required in the first-party context.1 That recent Indiana decision stated the following: 

“Best Inn argues Doyle had no rational, principled basis for denying its claim because the evidence of vandalism to the rooftop air conditioners was ‘obvious.’ Doyle admits he did not take enough photographs, did not record enough details, and generally did a poor job regarding the rooftop air conditioner inspection. Doyle also testified he was ‘having a bad day,’ his inspection was ‘probably’ affected by his eye injury, and that he had made a ‘mistake,’ Doyle’s testimony reflects that he may have acted negligently, but not with dishonest purpose or ill will. No reasonable jury could conclude otherwise.”

Having a “bad day” is going to be the excuse for the failure to act in good faith so long as the poor reasoning of this case is upheld. Failing to properly adjust a claim and causing extra-contractual damages to an Indiana policyholder is going to be met by a legal excuse of somebody “having a bad day.” 

The case is full of poor facts leading to this unfortunate legal reasoning which will invite insurers in Indiana to act poorly and not in good faith—yet escape accountability for doing so. Just call it a “bad day at the office,” which resulted in an arbitrary, devastating result to the policyholder, and one can escape accountability for the duty to act in the utmost of good faith.  

This is poor legal reasoning. Most crooks had a “bad day” when doing something criminal. If that is not a defense for criminal conduct, why should it be a defense to civil misconduct? 

Thought For The Day 

I believe that unarmed truth and unconditional love will have the final word in reality. This is why right, temporarily defeated, is stronger than evil triumphant.

—Martin Luther King, Jr.


1 Ohio Security Ins. Co. v. Best Inn Midwest, No. 1:22-cv-o1223 (S.D. Ind. Mar. 13, 2023).

Photo of Chip Merlin Chip Merlin

Since 1983, Chip Merlin has served as a plaintiff’s attorney with a focus on commercial & residential property insurance claim disputes and bad faith insurance litigation. Chip is a noted national authority on insurance bad faith, lecturing to national trade groups and publishing…

Since 1983, Chip Merlin has served as a plaintiff’s attorney with a focus on commercial & residential property insurance claim disputes and bad faith insurance litigation. Chip is a noted national authority on insurance bad faith, lecturing to national trade groups and publishing a number of papers and articles on the subject for organizations such as The American Association for Justice, The Florida Justice Association, The Windstorm Insurance Network, and Trial Magazine.

As founder and president of Merlin Law Group, Chip has dedicated his practice to the representation and advocacy of insurance policyholders in disputes with insurance companies nationwide.

Chip served as Chair for the Bad Faith Insurance Litigation Group and Secretary for the Fire and Property Insurance Litigation Group for the American Association for Justice (formerly known as the Association of Trial Lawyers of America). He was also Vice-Chair for the Subcommittee on Property Insurance Law for the American Bar Association.
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  • Posted in:
    Featured Posts, Insurance
  • Blog:
    Property Insurance Coverage Law Blog
  • Organization:
    Merlin Law Group, P.A.
  • Article: View Original Source

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