Insurance 101 – Chapter 11 – Volume 23 – First Party Bad Faith – 2

First Party Bad Faith – 2

An insurer is sometimes considered to be like a fiduciary to its insured. Frommoethelydo v. Fire Insurance Exchange, 42 Cal. 3d. 208, 228 Cal. Rptr. 160 (1986). Mr. Frommoethelydo was arrested and tried on charges of insurance fraud. The evidence  against him, gathered by the Fire Insurance Exchange and police authorities was damning. The California Supreme Court found that even though there was sufficient evidence to try the insured for felony insurance fraud, the duty of good faith and fair dealing required the insurer to further investigate evidence of innocence brought out for the first time during the insured’s criminal trial for fraud.

The following video was adapted from my book, “Insurance Claims A Comprehensive Guide” Published by the National Underwriter Company and is available at the Zalma Insurance Claims Library

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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.


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