Improper means, for purposes of intentional interference with contractual relations, are those means which are independently wrongful, notwithstanding injury caused by the interference. Improper means include misrepresentation of fact, threats, violence, defamation, trespass, restraint of trade, or any other wrongful act recognized by statute or the common law. Appellant maintains that an insurance company's submission of bad faith estimates to its insured is wrongful conduct sufficient for a recovery for tortious interference. Respondent's estimate of the amount of Moses' loss was an opinion, not a statement of fact. Fraudulent misrepresentation cannot be based on a mere opinion.
Opinions are reasonable or debatable.
Appellant's contention that Respondent's estimates were misrepresentations of fact fails as a matter of law. Appellant also argues that, even if not misrepresentations, Respondent's estimates were made in bad faith. Bad faith, as an improper means to support a claim for intentional interference with contract, has been recognized in cases involving a fiduciary or agency relationship. However, the instant case involves a contractual relationship, not a fiduciary relationship. Further, the relationship between an insured and an insurer is of an adversarial nature, with no independent duty of good faith.