Bad Faith

  • 1985 – LR – Establishing the Tort of Bad Faith in Wyoming, by JT Dyre – 21p
    • The past three decades have witnessed the development, in a number of jurisdictions, of what is termed the new tort of bad faith breach of contract.1
      • This new tort developed initially with regard to disputes between an insured and his insurance company where the insurer unreasonably refused to accept an offer by a third party to settle a claim against its insured. 2
    • Although the tort of bad faith breach of contract is a relatively new cause of action, it is based on general principles of tort law: the existence of a duty and the breach of that duty.
      • Despite this apparent simplicity, the tort of bad faith has two unique characteristics which complicate its application.