1985 - LR - Establishing the Tort of Bad Faith in Wyoming, by JT Dyre - 21p
The past three decades have witnessed the development, in a number of jurisdictions, of what is termed the new tort of bad faith breach of contract.1
This new tort developed initially with regard to disputes between an insured and his insurance company where the insurer unreasonably refused to accept an offer by a third party to settle a claim against its insured. 2
Although the tort of bad faith breach of contract is a relatively new cause of action, it is based on general principles of tort law: the existence of a duty and the breach of that duty.
Despite this apparent simplicity, the tort of bad faith has two unique characteristics which complicate its application.