Crisci's Dicta of Strict Liability for Insurer's Failure to Settle: A Move Toward Rational Settlement Behavior
Eddy, Jonathan A.
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Cited
3
Citing decisions
3
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Citations by decade
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2
1960s1970s
Courts citing this journal article
Most recently cited by3
- 1975Morales v. Automatic Vending Service, Inc. P.R.
- 1970Tyler v. Grange Insurance Wash. Ct. App.
- 1969Bosko v. Pitts & Still, Inc. Wash.
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Abstract
This comment attempts to explore the interests of the insurer and insured under the insurance contract, to differentiate between different tests applied by the courts, and to determine what effect these different tests will have on insurer's conduct. Finally, the comment examines what courts have actually done in their process of defining insurer duties and presses for a more conscious exercise of their role in facilitating rational settlement behavior. Adoption of a rule of strict liability is advocated.