What constitutes breach of the implied covenant of good faith and fair dealing?

California, United States of America


The following excerpt is from California Shoppers, Inc. v. Royal Globe Ins. Co., 175 Cal.App.3d 1, 221 Cal.Rptr. 171 (Cal. App. 1985):

As earlier noted, the authorities hold that breach of implied covenant of good faith and fair dealing involves something beyond breach of the contractual duty itself. Again, as recited in Gruenberg v. Aetna Ins. Co., supra, 9 Cal.3d 566, 108 Cal.Rptr. 480, 510 P.2d 1032, an insurer's responsibility to act fairly and in good faith in handling an insured's claim "is not the requirement mandated by the terms of the policy itself--to defend, settle, or pay. It is the obligation ... under which the insurer must act fairly and in good faith in discharging its contractual responsibilities." (Id., at p. 573-574, 108 Cal.Rptr. 480, 510 P.2d 1032, emphasis added.)

Other Questions


Does an implied covenant of good faith and fair dealing between an employer and employee constitute a tortious cause of action? (California, United States of America)
Is a plaintiff entitled to sue an insurer for breach of the implied covenant of good faith and fair dealing? (California, United States of America)
Can an insurer be found in breach of their implied covenant of good faith and fair dealing? (California, United States of America)
What are the non-desny causes of action for breach of the implied covenant of good faith and fair dealing? (California, United States of America)
What is a cause of action for breach of the implied covenant of good faith and fair dealing? (California, United States of America)
Can a plaintiff in a bad faith cause of action for breach of the covenant of good faith and fair dealing in refusing to pay benefits under a policy? (California, United States of America)
Does a plaintiff have abandoned all causes of action for violation of Civil Code section 2923.5 or breach of the implied covenant of good faith and fair dealing? (California, United States of America)
Is there a cause of action for breach of contract, breach of the covenant of good faith and fair dealing or fraud? (California, United States of America)
Can an insurer be found in breach of their implied covenant of good faith and fair dealing? (California, United States of America)
What is the obligation of an insurer to exercise good faith in dealing with a claim under a covenant of good faith? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.