Explaining the Law of Unintended Consequences and the Tort of Bad Faith

Published: Oct. 6, 2020, 3:24 p.m.

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The Law of Unintended Consequences at https://zalma.com/blog

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Consider Prohibition: probably the most glaring historical example of unintended consequences. People didn\\u2019t stop drinking. They just found other ways to indulge, creating a criminal element that increased violent crime and made criminals out of businessmen, made criminals rich, and caused deaths from inexperienced makers of \\u201cbathtub gin\\u201d that caused violent death on its consumption.

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If the various states want better cooperation and more prosecution of insurance fraud they must protect those whose assets are in danger if the state fails to convict the fraud perpetrator or the insurer is sued for bad faith for reporting its suspicion to the Fraud Division the states must provide the insurer with complete immunity.

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Legislatures who enact SIU laws and regulators who impose SIU regulations, must understand that insurers are not police agencies, not prosecutors, and not equipped to conduct criminal investigations. Therefore, the state should understand that insurers, their SIU investigators, and lawyers need protection from fraud perpetrators who are reported to, and tried but not convicted by the state, from litigation seeking damages from an insurer who simply followed the requirements of the SIU statutes and Regulations.

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