Bad faith handling of a claim by an insurance company is not as clear as many people believe. This issue is discussed in 2025 opinion from the Northern District of Texas, Fort Worth Division. The opinion is styled, Cowboy Christian Missions v. Church Mutual Insurance Company, SI.
A tornado destroyed numerous building owned by Cowboy Christian that were insured by Church Mutual. A claim was made and Church Mutual made payments but Cowboy Christian alleges the claim was underpaid and filed suit for breach of contract and bad faith for various violations of the Texas Insurance Code. Church Mutual filed for summary judgment on the bad faith claims.
Insurance companies have a duty to deal fairly and in good faith with an insured in the processing of claims. A plaintiff may sue for a breach of this duty if its insurer denies or delays their claim without any reasonable basis for the denial or delay. But under Texas law, “evidence establishing only a bona fide coverage dispute does not demonstrate bad faith.” This means that “as long as the insurer has a reasonable basis to deny or delay payment of a claim, even if that basis is eventually determined by the fact finder to be erroneous, the insurer is not liable for the tort of bad faith.” In other words, a genuine dispute over the scope of insurance coverage is an inherently reasonable basis for denying coverage.