Do Bond Insurance Companies owe Fiduciary Duties, breach of which is Bad Faith and fulfillment of which is Good Faith and Fair Dealing?
If so, do they owe them to: Shareholders? Policyholders? Claimants on the Bonds that the Bond Insurance Companies issued Policies to Insure? Anyone?
To ask the questions is only the beginning. The answers are perhaps not as easy to develop. See generally Commentary by Joe Mysak, "Buffett Plan Saves Muni Market, Dooms Ambac, MBIA" (Bloomberg .com, Wed., February 13, 2008).
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