ARE UNFAIR AND DECEPTIVE ACTS AND PRACTICES ENOUGH ANY MORE?
Did you ever wonder what will become of Insurance Bad Faith Statutes if people asserting claims under those statutes would be required to plead and prove "actual injury" because of the alleged statutory violations?
That's one lawyer's way of asking whether there is anything left of Insurance Bad Faith Statutes in an age that requires a judge to agree that there is "actual injury" in every claim.
I have wondered about this, and I wrote about it in a new Section of my 2018 Supplements, Section 3:28.50, titled "Injury in Fact": What Happens to Bad Faith Statutes? 2018 Supplement, Volume 1, of Litigation and Prevention of Insurer Bad Faith (Thomson Reuters Third Edition).
I am making it available to you on my website for you to reprint, at no cost to you, with the permission of the publisher. Republished there with the permission of the author and Thomson Reuters. No further republication or reproduction of this material may be made without the express written permission of the publisher.
Enjoy the research and expand on it! Let me know what you find, if you can. I am going to expand on the research on this subject myself in my 2019 Supplements!
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