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California Supreme Court· 7/22/1958

Comunale v. Traders & General Insurance

Citations

  • 50 Cal. 2d 654
  • 328 P.2d 198
  • 68 A.L.R. 2d 883
  • 1958 Cal. LEXIS 182

How courts have described this case

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

  • recognizing that, not only is there an implied duty of good faith and fair dealing in every contract, but also that a violation of such duty gives rise to a cause of action
  • stating “[t]here is an implied covenant of good faith and fair dealing in every contract”
  • noting the covenant “mak[es] effective the agreement’s promises” (internal quotation marks omitted)
  • a duty of good faith and fair dealing is implied in law and is not created by the terms of the underlying contract
  • “[The insured’s] cause of action against the insurer arose on August 13, 1950, when the judgment in the bodily injury action became final.”
  • breach of implied duty to settle sounds in contract or tort at election of plaintiff

Source: CourtListener parenthetical corpus (CC0).

Judges: Gibson

Read full opinion on CourtListener

Cited by

407 cases in this archive cite this case; the 20 most cited are listed.

Cites

19 cases in this archive are cited by this case.

Other cases named Comunale v. Traders & General Insurance

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.