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Full-Text Articles in Law
Teaching Torts Without Insurance: A Second-Best Solution, David A. Fischer, Robert H. Jerry Ii
Teaching Torts Without Insurance: A Second-Best Solution, David A. Fischer, Robert H. Jerry Ii
Faculty Publications
Teachers, scholars and practitioners have long appreciated the symbiotic relationship of torts and insurance. Indeed, the assertion that tort law and insurance law are intertwined is utterly unremarkable; many commentators have observed that tort law cannot be understood if the business of insurance and the law regulating it is ignored, and that insurance law cannot be understood if tort law is ignored. Several generations of law students have read casebooks, which in varying degrees pay homage to the connections between torts and insurance. Many law review articles and noteworthy books (or portions thereof) have plumbed the tort-insurance relationship. Although one …
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 …