Comunale v. Traders & General Insurance

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).