Insurers Have a Common Law Duty to Deal Fairly and in Good Faith with Their Insurers: Arnold v. National County Mutual Fire Insurance Co., 725 S.W.2d 165 (Tex. 1987)
Date
1988
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Texas Tech Law Review
Abstract
Examines a Texas case involving an insurance company’s refusal to pay the claim of one of its insureds who was struck by an uninsured motorist. The Texas supreme court affirmed the decision of the trial court that the insured’s cause of action was barred by provisions in the Insurance Code, but reversed the ruling that insurers owe no duty of good faith and fair dealing to those whom they insure. The author asserts that this ruling will serve to rectify the disparity in bargaining power between insurers and insureds.
Description
Keywords
Insurance law, Contract law, Breach of contract, Insurance company, Duty of good faith and fair dealing, Unequal bargaining power, Bad faith
Citation
19 Tex. Tech L. Rev. 1163