Courts That Do Not Accept the Tort of Bad Faith
Some courts have refused to accept a tort of bad faith, like Rose Spencer v. Aetna Life & Casualty Insurance Company, 611 P. 2D 149 (1980), which held that Kansas law does not recognize tort of bad faith and the legislative provisions authorizing certain penalties against an insurer for lack of good faith are sufficient remedies for an aggrieved insured.53 Kansas courts have addressed situations in which the insured sought a ruling of estoppel for bad faith refusal to defend. The Kansas courts could have applied such a rule but refused. If the courts were inclined to punish bad faith conduct in such a manner they could, but have not done so.
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