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DUTY TO DISCLOSE COVERAGE
California Code of Regulations section 2695.4 requires an insurer to disclose all benefits, coverages or...
DUTY TO INVESTIGATE
An insurer cannot deny payments to its insured without conducting a thorough investigation. Egan v....
UNREASONABLE DELAY IN PAYMENT OF CLAIM
An insurance company commits bad faith when it fails to act reasonably in processing and...
UNREASONABLE DENIAL OF COVERAGE
Not every denial of coverage amounts to bad faith. The denial must be unreasonable. It...
BREACH OF DUTIES
An insurance company has a duty to 1) investigate the pertinent matters thoroughly, impartially, and...
BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING
There is an implied covenant of good faith and fair dealing in every contract, requiring...
SUMMARY AND INTRODUCTION
Under California law, an insurance company which unreasonably denies coverage has committed the tort of...
RECOVERY OF “BRANDT FEES” TO PROVE COVERAGE
The policyholder may recover fees and costs in proving coverage, but not fees incurred proving...
STATUTE OF LIMITATIONS
Four years for actions based on breach of contract and two years for actions based...
VIOLATION OF FAIR CLAIMS SETTLEMENT PRACTICES REGULATIONS
Evidence that the insurance company violated these regulations is admissible to prove bad faith. Jordan...
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