Matching Bad Faith Doctrine and Damages

Failure to follow the purpose and logic of precedent risks irrational outcomes and unjust results. These risks are apparent in recent efforts to apply a "future benefits" rule in cases alleging bad faith by commercial insurers.

16 minute read August 28, 2008 at 11:04 AM

Law.com Staff

Courts are charged under the common law with deciding new cases based on established legal principles and precedent. The system allows for growth and change as new circumstances require, but failure to follow the purpose and logic of precedent risks irrational outcomes and unjust results.

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