Duties of the Insurer – 2
Where the insurer denies a claim based on consideration of only facts or opinions that support denial while ignoring contrary facts or opinions, a breach of the covenant may be found.62 A good faith investigation requires collection and consideration of facts that are favorable to the position claimed by the insured as well as the position that favors the interest of the insured. Bad faith exists when the insurer fails to give the position of the insured equal attention to the attention the insurer gives to its own position.
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