Farr v. Transamerica Occidental Life Insurance

How courts have described this case

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

• noting that the holding of a California case that “non-insurer defendants 19 who . . . are not parties to agreements” are relieved “of any implied duty of good faith” was 20 arguably “unsound”
• finding that an 18 entity that collected premiums, handled claims according to the insurer’s guidelines, and received a commission on premiums collected could be sued in bad faith notwithstanding a lack of privity with the insured
• tort of bad faith \is established if the plaintiff demonstrates that the defendant had knowledge of or recklessly disregarded the lack of a reasonable basis for denying the claim\
• emotional distress damages could be awarded in a bad faith case, “even though the defendant did not intentionally cause the distress and even though the distress was not severe.”
• “Speculative or uncertain damages, however, will not support a judgment and proof of the fact of damages must be of a higher order than proof of the extent thereof.”

Source: CourtListener parenthetical corpus (CC0).