A mental state characterized by an intent to deceive consumers by using a competitor's trademark or one that is confusingly similar to it. Bad faith is not required to find trademark infringement or dilution. However, courts are far more likely to award monetary damages in a case where there is bad faith on the part of the defendant. Evidence of bad faith has been found to exist where the defendant failed to conduct a trademark search prior to adopting a mark. Interestingly, bad faith is not always found where the plaintiff's mark came up in defendant's trademark search. That is because the defendant may have had a good faith belief that the mark was already diluted from extensive use by others, or that the products or services sold by plaintiff were sufficiently different that those defendant planned to sell.
A tort created by judicial decision that allows an insured to recover tort damages (bodily injury, emotional distress, loss of use, trouble and inconvenience, and punitive damages) if an insurer intentionally, or in willful disregard of the rights of the insured, does something that deprives the insured of the right to recover the benefits of the policy.
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 hones mistake as to one's rights or duties, but by some interested or sinister motive.
Dishonesty or fraud in a transaction, such as entering into an agreement with no intention of ever living up to its terms, or knowingly misrepresenting the quality of something that is being bought or sold.
Bad faith (Latin: mala fides) is a legal concept in which a malicious motive on the part of a party in a lawsuit undermines their case. It has an effect on the ability to maintain causes of action and obtain legal remedies. Generally speaking, courts will not just look at the legal rights of parties in pursuing a transaction or a lawsuit, but will look behind the activity at the motives of the persons attempting to obtain the assistance of the court.
Bad faith (from French, mauvaise foi) is a philosophical concept first coined by existentialist philosopher Jean-Paul Sartre to describe the phenomenon wherein one denies one's total freedom, instead choosing to behave as an inert object. It is closely related to the concept of self-deception and Friedrich Nietzsche's concept of ressentiment.
This is an instance in which an insurance company, has acted in a manner, or taken action relative to your policy or benefits, that is not in keeping with the mutual understanding of the agreement you had.