The jury did find Toyota liable for the claims of breach of the implied covenant of good faith and fair dealing
, awarding approximately $15.8M in total damages, but awarding no punitive damages, the company pointed out.
Where a defendant who embezzled from the plaintiff was awarded summary judgment, the judgment must be reversed in part, as the claims for breach of the duty of good faith and fair dealing
, constructive trust, restitution and violation of G.L.c.
Durham sued the insurer for breach of contract, breach of the covenant of good faith and fair dealing
, and violation of the Connecticut Unfair Trade Practices Act ("CUTPA"), Conn.
416.24 BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING
The Causes of Action asserted against the named counter-defendants include Misappropriation of Trade Secrets, Abuse of Process, Conversion, Intentional Interference with Contractual Relations, Intentional Interference with Prospective Business Relations, Unfair Competition, Deceptive Trade Practices, Breach of Contract - Transfer of License, Breach of the Covenant of Good Faith and Fair Dealing
- Transfer of License, Fraud, Promissory Estoppel - Transfer of License, Unjust Enrichment - Transfer of License, Breach of Contract - Settlement Agreement, Breach of the Covenant of Good Faith and Fair Dealing
- Settlement Agreement, Promissory Estoppel - Settlement Agreement, Unjust Enrichment - Settlement Agreement, Civil Conspiracy, and Declaratory Judgment.
Policyholders are permitted in many jurisdictions to sue their insurers for breach of the implied duty of good faith and fair dealing
. Insurers' attempts to assert similar theories of liability against policyholders, also known as reverse bad faith, have been far less successful.
Under the doctrine of good faith and fair dealing
or under the doctrine of "necessary implication," did the owner have an obligation to advise the franchisee that termination was being considered (for an event which was clearly a violation of the franchisee's obligations)?
(1) Although the duty of good faith and fair dealing
is mutual in all insurance contracts, (2) the language of Florida's bad faith statute currently addresses only the insurer's duty to act in good faith during the settlement process.
Co., which did not exactly create a new cause of action for first-party bad faith claims against insurance companies (which technically exists, but the standard is almost impossibly high, requiring proof of actual realice), but which, for the first time, permitted claims for consequential damages which an insured incurs due to a denial of first party benefits which is deemed to be a breach of the duties of good faith and fair dealing
CRL recommends that lenders ensure that every borrower is able to repay his or her loan without resorting to selling their property or refinancing under pressure; all parties involved operate in good faith and fair dealing
to ensure a successful outcome; lenders, local governments, and community groups implement strong programs to help troubled borrowers keep their homes.
Arnold Worldwide, Inc., (2006) 39 Cal.4th 384, the California Supreme Court rejected an employee's lawsuit for breach of contract, breach of the covenant of good faith and fair dealing
, and fraud in connection with his termination, ruling that: (1) At-will language in the employee's job offer confirmation letter unambiguously meant that he could be fired without cause; and (2) A clear and unambiguous at-will provision in a written employment contract, signed by the employee, cannot be overcome by evidence of a prior or contemporaneous implied-in-fact contract requiring good cause for termination.
Erie Insurance Exchange maintains the Superior Court's decision that an insurance company's duty of good faith and fair dealing
continues through litigation.