To Arms! More Bad Faith Cases Are Coming

  Wednesday, December 15th, 1999 Source: Claims Magazine

California invented the tort of insurance bad faith. Since that invention, it has morphed into different categories. It started with first-party bad faith by third-party liability insurers, and graduated to first-party bad faith by first-party disability, life and property insurers. With the Royal Globe desicion, people injured by insured persons were allowed to sue the insurer for the tort of bad faith claims handling. Years later, after multiple abuses of the system by the plaintiffs' bar, the California Supreme Court decided, in Moradi-Shalal v. Fireman's Fund, to do away with the tort of third-party bad faith. With the arrival of Jan. 1, 2000, there will be a new, statutory tort of bad faith claims handling, and the law will again allow accident victims to sue twice for their injuries. The tort of bad faith is growing.

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