Black v. Allstate Insurance Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that even if an insurance company participates in negotiations, no fiduciary duties arise until the insured has “relinquished any right to negotiate on his own behalf’
• stating that before an insured is sued by a third party, the insurer’s breach of duty in handling the claim involves a cause of action in contract rather than tort
• noting that, with respect to a first-party situation, “[w]ithout more, a breach of those implied or express duties can give rise only to a cause of action in contract, not one in tort” (alteration in original) (quoting Beck, 100 P.3d at 800)
• “[B]reaeh of this [fiduciary] duty to defend may potentially expose the insurer to consequential and punitive damages awards in excess of policy limits.”

Source: CourtListener parenthetical corpus (CC0).