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Insurance

Dec. 13, 2002

Trend Goes Toward Using General Legal Principles in Insurance Cases

The landmark employment case of Foley v. Interactive Data Corp. , 47 Cal.3d 654 (1998), examined the availability of a "bad faith" claim in litigation not involving insurance. Concerned about widening that tort's scope, the California Supreme Court, in a 4-3 decision, limited such a claim to insurance "where, for a variety of policy reasons, courts have held that breach of the implied covenant will provide the basis for an action in tort."

Rex Heeseman

JAMS

555 W 5th St Fl 32
Los Angeles , CA 90013-1055

Phone: (213) 253-9772

Fax: (213) 620-0100

Email: rheeseman@jamsdar.com

Stanford Univ Law School

Rex Heeseman retired from the Los Angeles Count Superior Court bench in 2014. He is at JAMS, Los Angeles. Besides speaking at various MCLE programs, he co-authors The Rutter Group's practice guide on "Insurance Litigation." From 2002 to 2015, he was an adjunct professor at Loyola Law School.

        Focus Column
        
        Insurance Law
        
        By Rex Heeseman
        
        The landmark employment case of Foley v....

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