No Tortious Duty of Good Faith
Stickley, Amanda P. (2008) No Tortious Duty of Good Faith. The Queensland Lawyer, 28(4), pp. 182-183.
In July 2006, District Court Judge Goldring delivered a judgment that caused the insurance industry concern. In Garcia v CGU Workers Compensation Pty Ltd (unreported, NSW D Ct, 14 July 2006) it was held that the insurers had breached a tortious duty of good faith it owed to the respondent by stopping the respondent's weekly workers' compensation payments. It was held that this duty of good faith, a novel tort, existed independently of the legislative workers' compensation scheme.
As expected, the decision was appealed and in CGU Workers Compensation Pty Ltd v Garcia  NSWCA 193 (10 August 2007) the New South Wales Court of Appeal rejected the argument that the insurer owed a duty of good faith to the respondent as a worker entitled to compensation under the statutory scheme.
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|Item Type:||Journal Article|
|Keywords:||torts, good faith|
|Divisions:||Current > QUT Faculties and Divisions > Faculty of Law|
|Copyright Owner:||Copyright 2008 Thomson Legal & Regulatory|
|Copyright Statement:||Reproduced in accordance with the copyright policy of the publisher.|
|Deposited On:||10 Sep 2008|
|Last Modified:||09 Jun 2010 13:04|
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