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The Tort of Bad Faith – Limitation and Unintended Consequences



See the full video at https://rumble.com/c/c-262921 and at https://youtu.be/H3r2LamnGX8

In West Virginia, for example, a one-year statute of limitations applies to a statutory requirement of bad faith. Claims relating to unfair trading practices arising under the Unfair Commercial Practices Act, West Virginia Code 33-11-1 to -10 (1996 & Supp. 1997), are governed by a one-year statute of limitations in West Virginia Code § 55-2-12 (c) ( 1994). [ Wilt v. State Auto. Mut. Ins. Co., 203 W. Va. 165, 506 S.E.2d 608 (1998)] . An ordinary law in bad faith claims sounds dry. The statute of limitations that applies to damages can be found in W. Va. Code § 55-2-12 (1959) (Repl. Vol. 2008).

American law was first organized by common English law. When a contract is broken, only contractual damages could be recovered. The damages were limited to torture conduct and the two categories of damages are mutually exclusive.

The main purpose of damages for breach of contract is to protect the promisee's expectant interest in the performer's performance. Damages should put the plaintiff in as good a position as if the defendant had performed in full in accordance with the requirements of the contract. Insurance, like all parts of modern society, is subject to independent consequences of the law. 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 state authorities through laws and regulations. Compliance with appeals decisions, statutes and ordinances – different in the various states – is extremely difficult and expensive.

Insurance contracts can be simple or extremely complex, 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. However, the average person saw the insurance contract as incomprehensible and impossible to understand. Apparently to protect the public, the regulators decided to require insurers to write their insurance policies in easy-to-read language. Because they were required by law to do so, insurance companies changed the wording of their contracts into languages ​​that people with a fourth-grade education could understand. Exact language interpreted by hundreds of years of court decisions was abolished and replaced with imprecise, easy-to-read language.


© 2021 – Barry Zalma Barry Zalma, Esq., CFE, now limits his practice to serving as an insurance consultant specializing in insurance coverage, insurance claims management, insurance in insurance bad faith and insurance fraud almost as much for insurers and policyholders.

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 and claims management attorney and more than 54 years in the insurance industry.

He is available at http://www.zalma.com and zalma@zalma.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 insurance companies and their indemnity staff to become insured.

Go to the podcast Zalma On Insurance at https://anchor.fm/barry-zalma; Follow Mr. 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 Insurance Claims Library-https: //zalma.com/blog/insurance-claims-library/ The last two issues of ZIFL are available at https://zalma.com/zalmas-insurance-fraud-letter – 2 / podcast now available at https://podcasts.apple.com/us/podcast/zalma-on-insurance/id1509583809?uo=4


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