What is the difference between the good faith rule and the bad faith rule?

MultiRegion, United States of America

The following excerpt is from Brown v. United States Fidelity and Guaranty Company, 314 F.2d 675 (2nd Cir. 1963):

1 See Appleman, supra at 562 (the two terms "are to some extent interchangeable"); Keeton, 67 Harv.L.Rev. at 1140 ("The distinction between the `bad faith rule' and the `negligence rule' is less marked than these terms would suggest."); Annot., 40 A.L.R.2d at 171 ("the two tests of `good faith' and `negligence' have tended to coalesce * * * much the same factors have been relied upon in those cases finding a breach of good faith as in those finding negligence."). See generally Radcliffe v. Franklin Nat'l Ins. Co., 208 Or. 1, 298 P.2d 1002, 1018 (1956).

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