What is the insurer's duty to the insured?

California, United States of America


The following excerpt is from Chase v. Blue Cross of California, 42 Cal.App.4th 1142, 50 Cal.Rptr.2d 178 (Cal. App. 1996):

The insurer's duty to the insured as expressed in Egan v. Mutual of Omaha Ins. Co, supra, 24 Cal.3d at page 818, 169 Cal.Rptr. 691, 620 P.2d 141, is thus greater than that of a party to an ordinary commercial contract. This heightened duty results from the unique nature of insurance contracts. When entering into an insurance contract, the insured does not bargain for profit. Instead, he bargains for the peace of mind that comes with knowing he will receive prompt payment of funds in time of need. Consequently, courts have imposed special obligations on insurers to promptly investigate and process claims so that an insured will not be denied the necessary funds to which he is entitled at the precise time he needs them most. (Love v. Fire Ins. Exchange (1990) 221 Cal.App.3d 1136, 1148, 271 Cal.Rptr. 246.)

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