• 2003 - Insurer’s Duty to Act in Good Faith
  • C-19.10
    • Tort Liability
  • An insurer has a duty to act fairly and in good faith in its contractual relationship with its policyholders. This duty requires fair dealing [in paying claims] [in defending the insured against claims] [in negotiating settlements] [in fulfilling all other obligations] under the insurance contract. An insurer has failed to act in good faith, if it unreasonably failed to [compensate the insured, without proper cause, for a loss covered] [defend an insured, without proper cause, who is covered] [negotiate in good faith regarding settlement] [act reasonably in regards to other obligations] under the insurance contract.
    • 12.1-28-01
    • 12.1-28-02
    • 12.1-28-02(5)
    • Corwin Chrysler-Plymouth, Inc., v. Westchester Fire Ins. Co., 279 NW2d 638 (ND 1979)
    • Fetch v. Quam, 2001 ND 48, 623 NW2d 357
    • Seifert v. Farmers Union Mut. Ins. Co., 497 NW2d 694 (ND 1993)
  • Notes: