Can an insurer be held liable for failing to compensate an insured for a loss under an endorsement?
California, United States of America
The following excerpt is from Fleming v. Safeco Ins. Co., 160 Cal.App.3d 31, 206 Cal.Rptr. 313 (Cal. App. 1984):
The failure of an insurer to deal fairly and in good faith with its insured by refusing, without proper cause, to compensate its insured for a loss covered by the policy, including a loss under an uninsured motorist's endorsement, may give rise to a cause of action in tort for breach of the implied covenant of good faith and fair dealing. (Neal v. Farmers Ins. Exchange (1978) 21 Cal.3d 910, 148 Cal.Rptr. 389, 582 P.2d 980.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can an insurer be held liable for failing to compensate an insured for a loss under a policy? (California, United States of America)
Can an insurer be held liable for failing to compensate an insured for a loss under a policy? (California, United States of America)
When a contractor recommended by and whose work is guaranteed by a homeowner's insurer has failed to perform adequately, can the insured sue the contractor or the insurer? (California, United States of America)
Does the California Workers' Compensation Board have exclusive jurisdiction over a claim that the independent adjuster of a self-insured employer has delayed or failed to pay a workers' compensation award? (California, United States of America)
What is the test of good faith and fair-dealing in the context of an insurance policy where the insurer is required to hire an attorney to defend the insured against the insured? (California, United States of America)
Is an insurance broker liable to an insured for misrepresenting coverage? (California, United States of America)
Does an insurance agent have a duty to advise an insured on specific insurance matters? (California, United States of America)
Is an insurer's unconditional defense of an action brought against its insured a waiver of the terms of the policy and estoppel of the insurer to assert such grounds? (California, United States of America)
Is a determination that the insured was liable a prerequisite to recovery by the third party claimant against the liability insurer? (California, United States of America)
How have the courts interpreted estoppel provisions in a life insurance policy where the insurer knew that the insured's representation concerning prior illnesses was false? (California, United States of America)
