The implied covenant of good faith and fair dealing in insurance contracts in Delaware
Article Abstract:
Breaches of implied covenants between insurers and insureds in Delaware, including good faith and fair dealing, are litigated using contract principals. This limits damages to those deemed foreseeable at the time the contract was signed. This contractual approach also limits emotional distress claims and limits punitive damages to cases involving wilful misconduct. The applicability of these implied covenants to the insured has not been tested in the courts.
Publication Name: Federation of Insurance & Corporate Counsel Quarterly
Subject: Law
ISSN: 0887-0942
Year: 1996
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Japan's new product liability law: the citadel of strict liability falls, but access to recovery is limited by formidable barriers
Article Abstract:
Japan's new Product Liability Law helps plaintiffs by eliminating the requirement of manufacturer or seller negligence to prove liability. The developmental risk clause and the statute of repose help defendants. How judges interpret the law will affect whether it is more pro-plaintiff or neutral. The cultural barriers against litigation remain.
Publication Name: University of Pennsylvania Journal of International Business Law
Subject: Law
ISSN: 0891-9895
Year: 1995
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