Duty of Good Faith and Fair Dealing

Overview

Duty of Good Faith and Fair Dealing is an important area of legal practice and scholarship that addresses how legal systems regulate, facilitate, or resolve matters related to this field. The legal framework encompasses statutory provisions, regulatory requirements, judicial precedents, and evolving standards that shape rights, obligations, and procedures.

Legal Framework

Insurance law regulates the business of insurance, including policy formation and interpretation, risk classification and underwriting, claims handling and adjustment, and the solvency and conduct of insurance companies. State law governs most insurance regulation through the McCarran-Ferguson Act framework.

Procedure and Practice

Core legal principles include the doctrine of utmost good faith (requiring full disclosure by the insured), the principle of indemnity (preventing overcompensation), the requirement of insurable interest, and the rule that ambiguous policy terms are construed against the insurer (contra proferentem).

Contemporary Issues

Contemporary issues include the regulatory response to climate change risks (flood, wildfire, hurricane exposure), the legal treatment of pandemic business interruption claims, artificial intelligence in underwriting and claims, cyber insurance coverage disputes, and the regulation of parametric insurance products.