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Insurer's Duty of Good Faith and Fair Dealing in Handling Claims of Insureds and Third Parties

If an insured does not think that his insurer handled his claim properly, he may have some recourse. Every contract contains an implied covenant of good faith and fair dealing that neither party will hinder the right of the other to receive the benefits of the contract. The duty imposed by this covenant applies to insurers and insureds. Some courts go so far as to hold the insurer to be a fiduciary to the insured.

Insurable Interest

A beneficiary may procure insurance upon the life of an insured only if he has an insurable interest in that insured's life. The determination of whether the beneficiary has an insurable interest depends upon the nature of the relationship between the beneficiary and the insured. If the beneficiary has a valid, insurable interest, he may recover the insurance proceeds upon the insured's death. If he does not, however, the insurer may plead a lack of insurable interest and avoid liability on the policy.

Personal Injury

Civil Rights

Insurance Law> Property Insurance> Exclusions Generally

(Business Property Insurance Policy Exclusions)

False Claims by Insured

Various statutes prohibit the submission of false or fraudulent claims or evidence in connection with insurance claims. A person who commits such fraud may be subject either to civil liability to an insurer or to prosecution for a crime.

Practice Areas

Insurance Defense and Coverage Personal Injury Medical Malpractice Premises Liability Products Liability Family Law/Domestic Church Law Business Law Criminal Law Traffic Violations Examinations Under Oath SIU/Fraud Investigation

LexisNexis: Martindale-Hubbell This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. [ Site Map ] [ Bookmark Us ]