Bad Faith – Property
A new tort grew out of the failure of some insurers to deal fairly with those they insured. Because contract remedies did not provide, in the reasoning of some courts, a procedure by which adequate damages could be provided to the person wronged by his or her insurer. The concept of the tort of bad faith developed as a means of providing a recovery in tort for the breach of what had previously been regarded as a simple contract action. Contract damages traditionally limited the injured party’s recovery to those damages within the contemplation of the parties at the time the contract was made.
The author and publisher disclaim any liability, loss, or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this blog. The information provided is not a substitute for the advice of a competent insurance, legal, or other professional. The Information provided at this site should not be relied on as legal advice. Legal advice cannot be given without full consideration of all relevant information relating to an individual situation.