Hurwitz Fine's Evan D. Gestwick and Brian D. Barnas co-authored an article in the American Bar Association publication The Brief titled Dismissed As Duplicative: Claims for Breach of Insurance Contract and the Implied Covenant of Good Faith and Fair Dealing.
This article discusses how courts evaluate claims for breach of the implied covenant of good faith and fair dealing in actions where there is also a breach of contract cause of action based on the same facts. Typically, a breach of the implied covenant of good faith and fair dealing cause of action based upon the same facts as a breach of contract cause of action will be dismissed as duplicative. The article contrasts this general analysis with a recent outlier decision from New York on this issue.
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