Podcast
Questions and Answers
What is bad faith in the context of insurance contracts?
What is bad faith in the context of insurance contracts?
- A claim made against the tortfeasor's insurer before obtaining a judgment against the tortfeasor
- A claim made by the insured against their own insurance company for breach of duty
- The right of the insurer to control the defense and settlement of claims against the insured
- The duty of the insurer to act in good faith when settling claims against the insured (correct)
Under California law, who can sue an insurance company for bad faith?
Under California law, who can sue an insurance company for bad faith?
- The safety compliance company
- The third-party claimant
- The insured (correct)
- The tortfeasor
What is the negligent undertaking theory of liability?
What is the negligent undertaking theory of liability?
- The theory that a driver is liable for any injuries caused by a collision
- The theory that a manufacturer is liable for any injuries caused by a defective product
- The theory that a retailer is liable for any injuries caused by a defective product
- The theory that a safety compliance company can be held liable for the failure of a truck company or driver to exercise due care (correct)
What is the shift in tort liability that Section 402(A) of the Restatement of Torts (Second) introduced?
What is the shift in tort liability that Section 402(A) of the Restatement of Torts (Second) introduced?
What are the three types of defects that courts generally recognize in product liability cases?
What are the three types of defects that courts generally recognize in product liability cases?
What are some red flags that may indicate bad faith on the part of an insurance company?
What are some red flags that may indicate bad faith on the part of an insurance company?
Who can act against their insurance company for breach of duty under California law?
Who can act against their insurance company for breach of duty under California law?
What is the implied covenant of good faith and fair dealing in an insurance contract?
What is the implied covenant of good faith and fair dealing in an insurance contract?
In what scenarios have safety compliance companies been found liable for negligence?
In what scenarios have safety compliance companies been found liable for negligence?
What are the potential responsible parties in a product liability case involving a vehicle defect or parts failure?
What are the potential responsible parties in a product liability case involving a vehicle defect or parts failure?
Under California law, a third-party claimant can sue an insurance company for bad faith
Under California law, a third-party claimant can sue an insurance company for bad faith
A safety compliance company can be held liable for a truck company or driver's failure to exercise due care in a trucking scenario
A safety compliance company can be held liable for a truck company or driver's failure to exercise due care in a trucking scenario
Red flags of bad faith on the part of an insurance company include low settlement offers and unreasonable documentation requests
Red flags of bad faith on the part of an insurance company include low settlement offers and unreasonable documentation requests
Section 402(A) of the Restatement of Torts (Second) only allows for conduct-based liability in product liability cases
Section 402(A) of the Restatement of Torts (Second) only allows for conduct-based liability in product liability cases
If a vehicle defect or part caused a collision, the manufacturer may be partially or fully liable for any injuries
If a vehicle defect or part caused a collision, the manufacturer may be partially or fully liable for any injuries
