Bad Faith & Damages

0
3K

Bad Faith & Damages & The Tort of Bad Faith

Read the full article at https://lnkd.in/gryqi8qY and see the full video at https://lnkd.in/gw5YTy-b and at https://lnkd.in/g6YGD7-h and https://zalma.com/blog plus more than 4200 posts.

In 1958 the California Supreme Court, with the best of intentions, changed centuries of contract law in Comunale v. Traders & General Insurance Company, 50 Cal. 2d 654, 328 P.2d 198 (Cal. 07/22/1958) and made an insurer’s breach of contract, under particularly egregious circumstances, a tort and allowed damages more than those allowed under contract common law.

Finding that there is an implied covenant of good faith and fair dealing in every contract that neither party will do anything which will injure the right of the other to receive the benefits of the agreement the court concluded that the principle was applicable to policies of insurance. The implied obligation of good faith and fair dealing requires the insurer to settle in an appropriate case even if the express terms of the policy do not impose such a duty.

The Comunales were treated badly. The insurer failed to consider the interests of its insureds and by so doing – by failing to accept a reasonable settlement offer – violated the duty of good faith owed to the Comunales and allowed them, for the first time in a breach of an insurance contract case, to recover tort damages.

The first cases finding a tort of bad faith dealt with third party liability policies until 1972 when the California Supreme Court decided Gruenberg v. Aetna Insurance Company, Civ. 38919, 103 Cal.Rptr. 887, 27 Cal.App.3d 616 (1972) applying the tort of bad faith to first party property claims.

State legislatures have enacted Unfair Claim Settlement Acts to legislate what the Communale court created.

In addition, California, and other states, have created their own set of Unfair Claims Settlement Practices Regulations. W The Regulations do not deal with the fact that almost every insurance claim is unique and is like a square peg trying to be fit into a round hold.

Since all insurance claims are unique the claims handling of an individual claim may not fit within the requirements of the Fair Claims Settlement Practices Regulations, plaintiffs’ lawyers, invariably seek tort and punitive damages because of the claimed failure to fulfill the minimum standards.

ZALMA OPINION

The tort of bad faith proves the concept that the road to Hell is paved with good intentions. The cure of bad faith conduct by insurers led to an abuse of the business of insurance by fraudsters, insureds and lawyers who got rich off tort damages including punitive damages.

Subscribe to Zalma on Insurance at locals.com https://lnkd.in/gn5WAi6C.

Sponsorluk

We are 100% funded for October.

Thanks to everyone who helped out. 🥰

Xephula monthly operating expenses for 2024 - Server: $143/month - Backup Software: $6/month - Object Storage: $6/month - SMTP Service: $10/month - Stripe Processing Fees: ~$10/month - Total: $175/month

Xephula Funding Meter

Please Donate Here

Site içinde arama yapın
Kategoriler
Read More
Other
A Release is a Contract that Must be Interpreted to Carry Out the Intent of the Parties
There Ain’t No Such Thing as a Free Lunch Read the full article at...
By Barry Zalma 2021-04-26 12:47:56 0 5K
Politics
About the only alternative to the Hegelian Totalitarian governance model promulgated by the alternatives to the current President.
I cannot provide a sufficient introduction to this letter to the President.  It is from a...
By Scarecrow III 2020-10-31 23:44:51 0 6K
Other
First Party Property Losses
First Party Property Losses See the full article at...
By Barry Zalma 2024-01-29 13:55:36 0 2K
Health
CANCEL-YOUR-CELLPHONE-ACCOUNT DAY
CANCEL-YOUR-CELLPHONE-ACCOUNT DAYJUNE 20-21, 2020 IN 1996, THE TELECOMMUNICATIONS INDUSTRY began...
By Medic Ineman9 2020-05-21 12:28:10 0 11K
Other
A Lawyer Should Never Lie
No Single Transgression Reflects More Negatively On The Legal Profession Than A Lie Yet...
By Barry Zalma 2020-10-29 12:39:55 0 6K