Insurance

• Author: Stanton T. Mathews/Anoush Lancaster
• Pages: 429-458

INSURANCE

13-1

CHAPTER 13

INSURANCE

§131:00 BREACH OF INSURANCE CONTRACT

§132:00 INSURER’S BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING

§133:00 DECLARATORY RELIEF

§131:00 BREACH OF INSURANCE CONTRACT

§1:10 Def‌inition

§1:20 Elements

§1:21 Valid Insurance Contract

§1:22 Performance by Insured

§1:23 Breach of Insurer’s Duty

§1:24 Resulting Damages

§1:30 Authorities

§1:31 Valid Insurance Contract

§1:31a Offer and Acceptance

§1:31b Effective Date

§1:31c Insurable Interest

§1:31d Cancelation and Recission

§1:32 Insured’s Performance

§1:32a Payment of Premium

§1:32b Notice of Claim

§1:33 Breach of Insurer’s Duty

§1:33a Duty to Indemnify

When Duty Arises

Burden of Proof

Covered Peril Must Be Proximate Cause of Loss

Exclusions

Genuine Dispute

§1:33b Duty to Defend

Scope

When Duty Arises

Exclusions

Costs

§1:33c Policy Interpretation

General Rules of Construction

Scope of Coverage/Exclusions

Severability Clause; Intentional Acts

§1:34 Resulting Damages

§1:40 Remedies

§1:50 Statute of Limitations

§1:60 Aff‌irmative Defenses

§1:70 Related Causes of Action

§1:80 Form Complaints

INSURANCE

California Causes of Action 13-2

§132:00 INSURER’S BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING

§2:10 Def‌inition

§2:20 Elements

§2:21 Insurance Contract

§2:22 Duty

§2:23 Breach

§2:24 Causation and Damages

§2:30 Authorities

§2:31 Insurance Contract

§2:31a Contractual Liability

§2:32 Duty (To Act in Good Faith and Deal Fairly With Insureds)

§2:32a To Whom Duty Is Owed [Proper Plaintiffs and Standing to Sue]

Insureds

Trustee for Bankrupt Insured

Non-Insureds

Designated Benef‌iciaries

Third Party Claimants

Assignees

§2:32b Who Owes Duty [Proper Defendants]

§2:33 Breach (Bad Faith or Unfair Treatment of Insureds)

§2:33a First Party Claims (Brought by Insured)

§2:33a.1 Failure to Reasonably Investigate Claim

Thoroughness of Investigation

Fair Claim Settlement Regulations

Failure to Determine Coverage

Insured’s Failure to Cooperate

Notice of Claim Required

Fraudulent Claims

§2:33a.2 Unreasonable Failure to Pay Claim

§2:33a.3 Other Abusive Conduct or Practices

§2:33b Third Party Claims (Brought Against Insured)

§2:33b.1 Failure to Conduct Reasonable Investigation of Claim

§2:33b.2 Failure to Defend

Potential for Coverage

Insurer’s Knowledge of Request for Defense

Insured’s Harmful Acts

§2:33b.3 Failure to Settle Claim

Likelihood of Recovery Beyond Limits

Unreasonable Refusal to Settle

What Constitutes Reasonable Offer

Evaluation of Settlement Demand

Proximate Cause

Workers’ Compensation Claims

Timely Tender of Policy Limits

§2:33b.4 Other Abusive Conduct or Practices

§2:34 Causation and Damages

§2:34a Attorney’s Fees

§2:34b Property Loss

§2:34c Loss of Future Earnings

§2:40 Remedies

§2:50 Statute of Limitations

§2:60 Aff‌irmative Defenses

§2:70 Related Causes of Action

§2:80 Form Complaints