Chapter 1 Evolution and Development of the Tort of Bad Faith
1.01 Introduction
1.02 Contract Law and Insurance
1.03 Adhesion Contracts: Evolving Rule of Expectations of the Insured
1.04 Insurance and the Public Interest
1.05 Insurer's Fiduciary Relationship With Its Insured
1.06 Tort Theories of Liability
1.07 Development of the Tort of Bad Faith
1.08 Conclusion

Chapter 2 Nature of the Duty of Good Faith and Fair Dealing
2.01 Introduction
2.02 Characterization of Cause of Action
2.03 By Whom Is the Duty Owed?
2.04 To Whom Is the Duty Owed?

Chapter 3 Duties Under Liability Insurance Policies
3.01 Introduction
3.02 Duty to Settle Third-Party Actions
3.03 Standard for Determining Insurer's Liability for Failure to Settle
3.04 Evidence of Breach of Duty
3.05 Prerequisites to Imposition of Duty
3.06 Breach of Duty as Proximate Cause of Damages
3.07 Assignment of Insured's Cause of Action to Third-Party Claimant
3.08 Recoverable Damages for Breach of Duty to Settle
3.09 Duty to Defend Third Party Actions
3.10 When Duty to Defend Arises
3.11 Effect of Exhaustion of Policy Limits on Duty to Defend
3.12 Effect of Conflict of Interest on Duty to Defend
3.13 Consequences of Breach of Duty to Defend
3.14 Insurer's Procedural Options When Questions of Coverage Arise
3.15 Application of Bad Faith Law to Breach of the Duty to Defend
3.16 Timing of Action for Breach of Duty to Defend
3.17 Recoverable Damages for Breach of Duty to Defend
3.18 Action by Third Party for Breach of Duty to Defend
3.19 Insurer's Vicarious Liability for Attorney's Breach of Fiduciary Duty in Conduct of Defense When Conflict of ...
3.20 Application of Duty of Good Faith to Cancellation and Nonrenewal of Policies

Chapter 4 Duties Under Uninsured Motorist Coverage
4.01 Introduction
4.02 Uninsured Motorist Coverage In General
4.03 Liability for Breach of Duty of Good Faith and Fair Dealing
4.04 Damages Recoverable
4.05 Admissibility of Evidence of Total Value of Insured's Claim
4.06 Alternatives to Uninsured Motorist Coverage: No-Fault Insurance

Chapter 5 Duties Under First Party Insurance Policies
5.01 Applicability of Tort of Bad Faith to First Party Policies
5.02 Definition of First Party Bad Faith
5.03 Insurer's Liability for Improper Investigation
5.04 Bad Faith Issues Under Disability and Health Insurance Policies
5.05 Bad Faith Issues Under Life Insurance Policies
5.06 Bad Faith Issues Under Property Insurance and Related Coverages
5.07 Preemption of First Party Bad Faith Actions

Chapter 6 Legislative Approaches
6.01 Introduction
6.02 Historical Development of Insurance Regulation
6.03 Unfair Claims Settlement Practices Statutes
6.04 Causes of Action Under Unfair Claims Settlement Practices Acts
6.05 Other Legislative Approaches to Insurer Bad Faith
6.06-6.99 [Reserved]
6.100 Appendix
Section 1 Purpose
Section 2 Definitions
Section 3 Unfair Claims Settlement Practices Prohibited
Section 4 Unfair Claims Practices Defined
Section 5 Statement of Charges
Section 6 Cease and Desist and Penalty Orders
Section 7 Penalty for Violation of Cease and Desist Orders
Section 8 Regulations
Section 9 Severability

Chapter 7 The Nature and Extent of Compensatory Damages
7.01 Introduction
7.02 Basic Distinctions Between Tort and Contract Approaches to the Recovery of Compensatory Damages
7.03 Tort Versus Contract Approaches to Recovery for Insurer Bad Faith
7.04 Items of Damages Recoverable Under Tort Theory
7.05 Insurer's Vicarious Liability for Compensatory Damages

Chapter 8 Recovery of Punitive Damages in Bad Faith Litigation
8.01 Introduction
8.02 Purposes of Punitive Damages
8.03 Statutory Limitations on Amounts of Punitive Damages
8.04 "State Extraction" Statutes
8.05 Availability of Punitive Damages in Insurance Bad Faith Cases: Tort Versus Contract Approach
8.06 Grounds for Awarding Punitive Damages
8.07 Relationship Between Punitive and Compensatory Damages
8.08 Other Factors Considered in Evaluating Amount of Punitive Damages Award
8.09 Insurer Liability for Punitive Damages Based on Acts of Agents or Employees
8.10 Statutory Penalties and Attorneys' Fees
8.11 Propriety of Punitive Damage Awards in Insurance Bad Faith Cases
8.12 Constitutionality of Punitive Damages

Chapters 9-19 [Reserved]

Chapter 20 Interviewing the Client and Ascertaining the Essential Facts
20.01 Introduction
20.02 Determining Insurer's Potential Tort Liability for Bad Faith
20.03 Interviewing the Client
20.04 Interview and Investigation in First-Party Case
20.05 Interview and Investigation of Potential Action of Insured in Third-Party Case
20.06 Investigation and Preliminary Determinations in Potential Action by Injured Third Party
20.07 Time Limitations in Bad Faith Litigation
20.08 Discovery

Chapter 21 Pleadings in Actions Arising From Liability Insurance Policies
21.01 Introduction
21.02 Allegations to Be Included in All Pleadings
21.03 Allegations Applicable to Breach of the Duty to Defend
21.04 Allegations Applicable to Breach of the Duty to Settle
21.05 Allegations Applicable to Breach of the Implied Covenant of Good Faith and Fair Dealing
21.06 Allegations Applicable to Declaratory Relief
21.07 Allegations Applicable to Statutory Causes of Action
21.08 Allegations Applicable to Claims by Assignees and Third Parties
21.09-21.99 [Reserved]
21.100 Forms

Chapter 22 Pleadings in Actions Arising From First-Party Insurance Policies
22.01 Introduction
22.02 Complaint for Damages for Breach of Implied Covenant of Good Faith and Fair Dealing Under First-Party ...
22.03 Allegations for Use in Complaint for Damages Against Disability Insurer--Breach of Covenant of Good Faith and ...
22.04 Allegations for Use in Complaint for Damages by Insured Against Medical and Hospital Insurer--Breach of ...
22.05 Allegations for Use in Complaint for Damages Against Life Insurer--Breach of Covenant of Good Faith and Fair ...
22.06 Allegations for Use in Complaint for Damages by Insured Against Fire Insurer--Breach of Covenant of Good Faith ...
22.07 Allegations for Use in Complaint for Damages by Insured Against Theft Insurer--Breach of Covenant of Good Faith ...
22.08 Allegations for Use in Complaint for Damages by Insured Against Marine Insurer--Breach of Covenant of Good ...
22.09 Allegations for Use in Complaint for Damages by Insured Against Title Insurer--Breach of Covenant of Good Faith ...
22.10 Allegations for Use in Complaint for Damages by Insured Against Automobile Insurer Under Uninsured Motorist ...
22.11 Allegation for Use in Complaint Against Workers' Compensation Carrier--Negativing Application of Exclusive ...
22.11-22.19 [Reserved]
22.20 Allegation of Bad Faith for Use in Complaint for Damages by Insured Against First-Party Insurer--Breach of ...
22.21 Allegation of Bad Faith for Use in Complaint for Damages by Insured Against First-Party Insurer--Breach of ...
22.21A Allegation of Bad Faith for Use in Complaint for Damages by Insured Against First-Party Insurer--Breach of ...
22.22 Allegation of Bad Faith for Use in Complaint for Damages by Insured Against First-Party Insurer--Breach of ...
22.23 Allegation of Bad Faith for Use in Complaint for Damages by Insured Against First-Party Insurer--Breach of ...
22.23A Allegation of Bad Faith for Use in Complaint for Damages by Insured Against First-Party Insurer--Breach of ...
22.24 Allegation of Bad Faith for Use in Complaint for Damages by Insured Against Medical and Hospital ...
22.25 Allegation for Use in Complaint for Damages by Insured Against Medical and Hospital Insurer--Breach of Covenant ...
22.26 Allegation of Bad Faith for Use in Complaint for Damages by Insured Against Medical and Hospital ...
22.27 Allegation of Bad Faith for Use in Complaint for Damages by Insured Against Fire Insurer--Breach of Covenant of ...
22.28 Allegation of Bad Faith for Use in Complaint for Damages by Insured Against Automobile Insurer Under ...
22.29 Allegation for Use in Complaint for Damages by Insured Against Insurer Based on Insurer's Statutory Violation ...
22.30-22.49 [Reserved]
22.50 Complaint for Damages by Insured Against Insurer--Recovery of Statutory Penalties Based on Insurer's Failure or ...

Chapter 23 Jury Instructions for Use in Bad Faith Cases
23.01 Introduction
A Jury Instructions For Third-Party Cases
B Jury Instructions For First-Party Cases

Chapters 24-29 [Reserved]

Chapter 30 Defending the Bad Faith Case
30.01 Introduction
30.02 Understanding the Bad Faith Cause of Action
30.03 The Initial Analysis and Response
30.04 "Advice Of Counsel" Defense
30.05 Discovery Issues
30.06 Discovery of Defendant's Financial Condition