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.

Analysis, Cases, Liability insurance, Delaware, Good faith (Law), Implied covenants

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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.

Japan, Laws, regulations and rules, Product liability, Products liability

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