This Article uses relational contract theory to discuss the standard to be applied to evaluate the behavior of insurance companies in first-party bad faith cases. The Article first briefly summarizes relational contract theory and describes the insurance contract as a prime example of a relational contract. It then describes the law of bad faith in first-party insurance cases-cases in which a policyholder alleges that the insurance company has violated the duty of good faith and fair dealing that is present in every contract and intensified in insurance contracts. The most widely adopted standard for bad faith is the “fairly debatable” test, under which an insurance company is liable only if it lacks a reasonable basis for denying benefits ...
California courts have generally encouraged insurers to deal fairly with their customers. If the ins...
In Section I of this article, I argue that complex risk-allocation models are inconsistent in import...
This article explores two issues that often arise in litigation over insurance claim practices, comm...
This Article uses relational contract theory to discuss the standard to be applied to evaluate the b...
This article examines the implications of the differing remedies provided by tort and contract law. ...
This article discusses the approaches to first-party insurance bad-faith law that have been taken b...
In this article, Robert Jerry expounds on Professor Abraham\u27s article on insurer liability for ba...
This Article explores the common-law and statutory background of the tort of bad faith in first-part...
Insurers may at times exploit the delay inherent in the civil litigation process to induce needy ins...
This article offers a new perspective on insurance law by examining and combining two basic features...
In this article, Robert Jerry expounds on Professor Abraham\u27s article on insurer liability for ba...
For almost thirty years, courts have been experimenting with the tort of First-Party Bad Faith. As a...
This Article proposes to balance the scale by providing principles for the reasonable construction o...
An insurer's bad faith rejection or denial of a valid claim can cause significant economic hardship ...
This Article represents the first empirical study of the effects of bad-faith laws on claims decisio...
California courts have generally encouraged insurers to deal fairly with their customers. If the ins...
In Section I of this article, I argue that complex risk-allocation models are inconsistent in import...
This article explores two issues that often arise in litigation over insurance claim practices, comm...
This Article uses relational contract theory to discuss the standard to be applied to evaluate the b...
This article examines the implications of the differing remedies provided by tort and contract law. ...
This article discusses the approaches to first-party insurance bad-faith law that have been taken b...
In this article, Robert Jerry expounds on Professor Abraham\u27s article on insurer liability for ba...
This Article explores the common-law and statutory background of the tort of bad faith in first-part...
Insurers may at times exploit the delay inherent in the civil litigation process to induce needy ins...
This article offers a new perspective on insurance law by examining and combining two basic features...
In this article, Robert Jerry expounds on Professor Abraham\u27s article on insurer liability for ba...
For almost thirty years, courts have been experimenting with the tort of First-Party Bad Faith. As a...
This Article proposes to balance the scale by providing principles for the reasonable construction o...
An insurer's bad faith rejection or denial of a valid claim can cause significant economic hardship ...
This Article represents the first empirical study of the effects of bad-faith laws on claims decisio...
California courts have generally encouraged insurers to deal fairly with their customers. If the ins...
In Section I of this article, I argue that complex risk-allocation models are inconsistent in import...
This article explores two issues that often arise in litigation over insurance claim practices, comm...