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Full-Text Articles in Insurance Law
Insurance, Contract, And The Doctrine Of Reasonable Expectations, Robert H. Jerry Ii
Insurance, Contract, And The Doctrine Of Reasonable Expectations, Robert H. Jerry Ii
Faculty Publications
This article examines the connections between the doctrine of reasonable expectations and the law of contract. Judge Keeton urged in his 1970 article that protecting the insured's reasonable expectations is a better justification for results in many reported cases than the rationales offered by judges! Without disagreeing with that point, it can be claimed, as this article does, that insurance law's efforts to explain outcomes that contradict the plain language of contractual text are appropriately viewed as a subset of a larger effort to rationalize contract law with the challenges presented by the widespread use of standardized forms in consumer …
Remedying Insurers' Bad Faith Contract Performance: A Reassessment, Robert H. Jerry Ii
Remedying Insurers' Bad Faith Contract Performance: A Reassessment, Robert H. Jerry Ii
Faculty Publications
This article examines the implications of the differing remedies provided by tort and contract law. Part I describes the traditional major duties owed by an insurer to an insured and outlines the remedies currently provided in most jurisdictions for the breach of these duties. Part II gives special attention to the insurer's implied duty of good faith and fair dealing; it reviews the historical origins of the duty and describes the alternative ways to categorize it. Part III argues that the duty of good faith and fair dealing should be treated as a contract duty, but that courts should administer …