The Great Jewel Theft
The Homeowners Insurance Policy
The Tiffany Kid
Arson for Profit
The Fraud Trained Adjuster
Barry Zalma, Inc.
One of the Top 50 Insurance Blogs
Note Zalma on Insurance is one of fifty top insurance blogs at https://blog.feedspot.com/insurance_law_blogs/
Zalma on Insurance
- Barry Zalma’s Books from Full Court Press & Fastcase.com April 23, 2019
- The Four Corners Rule Strikes Again to Require Defense Not Owed April 23, 2019
- Insurance, Insurance Fraud, and Fun Stories April 22, 2019
- No Good Deed by an Insurer Goes Unpunished April 22, 2019
- Permissive Driver has no Right to Accept or Reject UM Coverage April 19, 2019
- Information Needed to Adjust Claims in the U.S. April 19, 2019
- Warning to California from the Coalition Against Insurance Fraud April 18, 2019
- Books for Everyone Who is Interested in Insurance Claims April 17, 2019
- Gambling Belongs in Casinos not Courts April 17, 2019
- Books for Everyone Interested in Insurance Claims April 16, 2019
- Assignment of Rights Against Insurer is Useless if Insured has no Rights April 16, 2019
- Zalma’s Insurance Fraud Letter – April 15, 2019 April 15, 2019
- Passover is Coming April 12, 2019
- Is it Insurance Fraud or Bankruptcy Fraud? – Ignored April 12, 2019
- Shameless Promotion – Zalma Books April 11, 2019
- Burden to Prove Fulfillment with Warranty on Insured April 11, 2019
- Resources for Everyone Interested in Insurance Law and Insurance Claims April 10, 2019
- Construction Contract Designed to Transfer Risk to Insurers April 10, 2019
- Insurance Claims Books from Major Publishers April 9, 2019
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Zalma On Insurance — The BlogAfter more than 50 years acting as a claims person and insurance coverage lawyer I enjoy reading court decisions concerning insurance. The idea of this blog is to find new cases that are interesting to me and then write a summary. Some of the cases reviewed will be important. Some may be of first impression. Others will be totally unimportant. All will be interesting.
DISCLAIMERThis Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the publisher. The blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
Time to Rescind the Tort of Bad Faith
Insurance is, and always will be, a business of the utmost good faith. All parties to the insurance contract agree, in good faith and fair dealing, to do nothing to deprive the other the benefits of the contract. Insurance is, and always be, nothing more than a contract.
The insurer makes a promise to the insured that if a contingent or unknown loss occurs caused by a peril or risk insured against and not excluded, to pay the insured indemnity as promised by the contract up to the limits provided.
The insured promises to truthfully disclose the risks of loss faced by the insured, property owned by the insured, the business of the insured and/or the insured’s liability exposures. The insured also promises to honestly present a claim, prove the claim, and cooperate with the insurer in its investigation. If the parties to the insurance contract deal with each other fairly and in good faith the policy remains viable, claims are paid promptly and to the satisfaction of the insurer and the insured.
Only if a true tort occurs can the insured waive the contract action and sue in tort. Breach of contract, by centuries old tradition, is not a tort and cannot and should not be considered a tort. The Tort of Bad Faith has served its purpose and is now causing more problems than it solves. It is time the courts and state legislatures rescind the tort and return to common law contract damages.
Read about this and other insurance books by Barry Zalma at http://zalma.com/zalma-books/