The Covenant of Good Faith and Fair Dealing

This course covers how insurance claims are controlled by the unwritten implied covenant of good faith and fair dealing.

This is a complete course of study providing education and training to enable the student to learn how insurance claims are controlled by the unwritten implied covenant of good faith and fair dealing. It will explain how the covenant, first described in 1766, changed from a contract interpretation mantra into a tort allowing for tort damages to be assessed against an insurer who breaches the covenant of good faith and fair dealing. It is the purpose of liability insurance to protect those people and entities insured against claims they were damaged by the insured’s tortious conduct and they must be resolved fairly and in good faith.

What you’ll learn

  • Identify what liability insurance is..
  • Explore how liability insurers can act to treat the insured with utmost good faith..
  • Identify the various means by which an insured can breach the covenant of good faith and fair dealing..
  • Identify the various means by which an insurer can breach the covenant of good faith and fair dealing..
  • Discover that the tort of bad faith was created to deter insurers from treating insureds unfairly..
  • Discover that the insurance professional is an expert in treating an insured with good faith..
  • Explore, by review of cases that created the tort, why there is a tort of bad faith..
  • Explore why both parties to the contract of insurance must treat the other in good faith and do nothing that will deprive the other of the benefits of the policy of insurance..

Course Content

  • Introduction –> 8 lectures • 1hr 25min.
  • Supporting Materials –> 2 lectures • 1min.
  • Review and Test –> 0 lectures • 0min.

The Covenant of Good Faith and Fair Dealing

Requirements

This is a complete course of study providing education and training to enable the student to learn how insurance claims are controlled by the unwritten implied covenant of good faith and fair dealing. It will explain how the covenant, first described in 1766, changed from a contract interpretation mantra into a tort allowing for tort damages to be assessed against an insurer who breaches the covenant of good faith and fair dealing. It is the purpose of liability insurance to protect those people and entities insured against claims they were damaged by the insured’s tortious conduct and they must be resolved fairly and in good faith.

The Course covers the following:

  1. An explanation of the covenant of good faith and fair dealing before it became a tort.
  2. Why the tort of bad faith was created.
  3. A detailed explanation of the liability insurance policy and how it was designed to provide protection to people.
  4. What liability insurance is.
  5. The statement of the covenant in 1766.
  6. The principle of utmost good faith.
  7. The parts of the liability insurance policy.
  8. Development of the tort of bad faith.
  9. Duties of Persons insured by a liability policy.
  10. Adjusting a liability claim in good faith.
  11. How to avoid claims of bad faith.
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