As the Delaware Court of Chancery’s decision in Khan v. Warburg Pincus demonstrates, because a fiduciary’s and a contracting party’s duties of good faith are distinct, and because Delaware respects ...
Despite protestations from the insurance industry to the contrary, common law bad faith damages can be pursued in the lawsuit seeking extra-contractual damages from insurers under policies of ...
According to Englebert, Gerber ties the presumption of good faith to an opinion that addresses the relevant question—the concrete precondition that the contract requires. She contends that Boardwalk ...
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