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Trial and appeals courts have long recognized a basic aspect of insurance coverage, described as follows in the authoritative work "Appleman on Insurance" and quoted by the Utah Supreme Court in the case of Campbell v. State Farm Mutual Automobile Insurance Co.:
"Insureds buy financial protection and peace of mind against fortuitous losses.
"They pay the requisite premiums and put their faith and trust in their insurers to pay policy benefits promptly and fairly when the insured event occurs. Good faith and fair dealing is their expectation. It is the very essence of the insurer-insured relationship.
"In some instances, however, insurance companies refuse to pay the promised benefits when the underwritten harm occurs. When an insurer decides to delay or to deny paying benefits, the policyholder can suffer injury not only to his economic well-being but to his emotional and physical health as well.
"Moreover, the holder of a policy with low monetary limits may see his whole claim virtually wiped out by expenses if the insurance company compels him to resort to court action."
We hereby rule in favor of the GIANT insurance company, the monetarily challenged insured is hereby screwed, stuck with their original loss and ordered to pay the GIANT insurance companies legal fees and court costs'
Might as well just put it that way, uh?
Actually, Hawk, the Farm lost the Campbell case, after fighting it for twenty years.
Mr. Campbell died before the final verdict came in. Mrs. Campbell has lived long enough to enjoy the victory, rightfully so after their lives were ruined.
It's quite an interesting story. I sure there's lots on line about it. Google Campbell vs State Farm.
It became a landmark precedent setting case, for many reasons.
And...I forgot about the smiley's. I'll work on that!