| http://www.w3.org/ns/prov#value | - The North Carolina courts have established a three prong test for party bad faith which requires a showing of: (1) a refusal to pay after recognition of a valid claim; (2) bad faith, i.e., a decision not based on honest disagreement or innocent mistake; and (3) aggravating conduct such as fraud, malice, gross negligence, insult, rudeness, oppression, or wanton and reckless disregard of rights.
|