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Expert Analysis

The Argument For Utmost Good Faith In Property Insurance

Law360, New York (December 10, 2015, 11:19 AM EST) -- The term "bad faith" is commonly understood as a breach of the implied duty of good faith and fair dealing recognized in insurance contracts due to the "special relationship" between an insured and an insurer. Breach of this common law duty, although based in contract, is recognized as a tort under Texas law. Unfortunately, the implied duty of good faith and fair dealing is not reciprocal....

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