See the full video at https://rumble.com/vfhi55-a-video-asking-whether-the-tort-of-bad-faith-has-run-its-course.html and at https://youtu.be/iRMAZrOvGKw  US law was first organized by English law. When a contract was broken, only contractual damages could be recovered. Damages for damages were limited to harmful behavior and the two categories of damages were mutually exclusive. Damages should put the plaintiff in as good a position as if the defendant had performed entirely under the contract. Insurance, like all parts of modern society, is subject to deprivation of the law of unintended consequences. The law can be defined as the understanding that actions by people – and especially by the government or the courts – always have effects that are unexpected or unintentional. The insurance is controlled by the courts, through appeal decisions and by government agencies through laws and regulations. Compliance with appeal decisions, statutes and ordinances – different in the various Länder – is extremely difficult and expensive.
Insurance contracts can be simple or very complicated, depending on the risks taken by the insurer. Regardless, insurance is only a contract whose terms are agreed by the parties to the agreement. In recent centuries, almost every word and phrase used in insurance contracts has been interpreted and applied by one or another court. Ambiguity in contract language became certain. But the average person saw the insurance contract as incomprehensible and impossible to understand. Apparently to protect the public, regulators decided to require insurers to write their policies in easy-to-read language. Because they were required by law to do so, insurers changed the wording of their contracts into languages that fourth-graders could understand. Exact language interpreted by hundreds of years of court decisions was divested and replaced with imprecise, easy-to-read language.
After the creation of the damage in bad faith, if an insurance company and the insured did not agree on the application of the insurance. to the actual situation, the damages were no longer limited to contractual damages as in other commercial relationships. If the court finds that the insurer was at fault, it may be required that the contract amount and damages be paid for emotional distress, pain, suffering, punitive damages, law firms and other damages that the insured and the court may become pregnant.
© 2021 – Barry Zalma
Barry Zalma, Esq., CFE, now limits his practice to working as an insurance consultant specializing in insurance coverage, insurance claims handling, fraud and insurance fraud almost [insurance companies and insurance companies] alike
. He also acts as an arbitrator or mediator for insurance-related disputes. He practiced law in California for more than 44 years as an insurance coverage and claims lawyer and more than 52 years in the insurance business. He is available at http://www.zalma.com and email@example.com.
Mr. Zalma is the first recipient of the first annual Claims Magazine / ACE Legend Award.
For the past 53 years, Barry Zalma has devoted his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to enable insurers and their claims staff to become professional in insurance claims.
Go to the podcast Zalma On Insurance at https://anchor.fm/barry-zalma; Follow Zalma on Twitter at https://twitter.com/bzalma ; Go to Barry Zalma videos on Rumble.com at https://rumble.com/c/c-262921; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the library for insurance claims – https://zalma.com/blog/insurance-claims-  bibliotek / Read posts from Barry Zalma at https://parler.com/profile / Hymn / post; and the last two issues of ZIFL at https://zalma.com/zalmas-insurance-fraud-letter-2/