Perspective
Jun. 15, 2011
What You Need to Know About First-Party Insurance Bad Faith Lawsuits
The tort of insurance bad faith is alive and well in California. By Joseph E. Foss of Luce Forward Hamilton & Scripps LLP
Insurance bad faith is an example of what Chief Judge Alex Kozinski of the 9th U.S. Circuit Court of Appeals has labeled the "tortification of contract law," or the tendency of courts to treat a contract dispute as a tort. See Oki America Inc. v. Microtech Int'l Inc., 872 F.2d 312, 315-16 (9th Cir. 1989) (Kozinski, J., concurring). Judge Kozinski explained that this judicial phenomenon has spawned "causes of action so n...
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