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Is this bad faith by an insurance agent?

Mesa, AZ |

I recently got into a fender bender at my work by a co - worker that I did not know . She refused to provide her ins info , eventually she gave me her agent's name & phone number . The agent told me it was best if I not file a claim & settle this outside of insurance ( mine or the other party's ) Then said I would be held 60 / 40 responsible and she had warned me . I asked her to open a claim which she refused and also would not provide additional information on the policy holder that my insurance requested I obtain . My insurance says the other agent should have opened a claim and these behaviors are considered bad faith by the agent . Is this bad faith ? Can I report this " bad faith " to the state insurance department ? Is this part of their jurisdiction ? Or is there another venue for a complaint

Attorney Answers 5


I personally do not believe that an insurance agrnt can be held liable under a "bad faith" theory. Report the conduct to the Division of Insurance. In the meantime, just make sure that a claim has indeed been opened and that you are doing all that you can to help your carrier.

Good luck!!


In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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Generally bad faith is referring to the duty owed from an insurance company to the policy holder. In that sense no. However, this may be against insurance regulations in Az. I would discuss the matter with a personal injury attorney and let them help you with your claim. Best of luck.

I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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That is not acting in "Bad Faith". Unprofessional? Yes. Bad Faith? No.

Call for a free consultation at 727-937-1400 or visit us on the Web at

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It is not bad faith in the scenario that you outlined, the insurance agent for the responsible party does not owe you duties of good faith and fair dealing, you do not have a contract with them to give rise to that duty. It certainly is not professional conduct, and you can have your insurance carrier contact the other party's carrier directly to get additional information.

Good luck.

This information is provided for general informational purposes and is not intended as legal advice. An attorney licensed in your jurisdiction can answer questions specific to your specific fact situation and provide you appropriate advice as necessary based on the specific facts of your matter and the jurisdiction in which you reside. If you are in Arizona and interested in discussing your matter further I can be reached at: (480) 838-9000 Mark D. Fullerton, P.C. 1839 S. Alma School Road, Suite 275 Mesa, Arizona 85210

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