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Insurance,
Torts/Personal Injury

Aug. 30, 2024

Recovering emotional distress damages for breach of an insurance contract

California case law establishes that, in some situations, insured individuals may be entitled to emotional distress damages for breach of an insurance contract without the burden of proving that the insurance company acted unreasonably or in "bad faith" when it denied benefits.

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In 2022, while conducting research for an article about damages for breach of an insurance contract, I stumbled across the following comment in The Rutter Group Practice Guide for "Insurance Litigation": Certain cases "sug...

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