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Insurance company executives, claims personnel, and their lawyers see liability for bad faith as a threat to the claim process.

The fear of liability for damages beyond the policy limits can undermine their efforts to pay claims fairly and to deny unjustified or fraudulent claims; moreover, payment of excessive damages to a few claimants raises premiums for all policyholders. Policyholder advocates, on the other hand, see bad faith litigation as a needed corrective to instances when insurance companies wrongfully delay payment of claims, deny valid claims, or force policyholders to litigation to get the benefits to which they are entitled. 

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