The following excerpt is from Brown v. United States Fidelity and Guaranty Company, 314 F.2d 675 (2nd Cir. 1963):
1 See Appleman, supra at 562 (the two terms "are to some extent interchangeable"); Keeton, 67 Harv.L.Rev. at 1140 ("The distinction between the `bad faith rule' and the `negligence rule' is less marked than these terms would suggest."); Annot., 40 A.L.R.2d at 171 ("the two tests of `good faith' and `negligence' have tended to coalesce * * * much the same factors have been relied upon in those cases finding a breach of good faith as in those finding negligence."). See generally Radcliffe v. Franklin Nat'l Ins. Co., 208 Or. 1, 298 P.2d 1002, 1018 (1956).
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