Universe Life Insurance v. Giles

*58HECHT, Justice,

joined by PHILLIPS, Chief Justice, GONZALEZ and OWEN, Justices, concurring in the judgment.

The result in the present case is not a hard call. The Court is unanimous. The issue is how the result is determined in this and other insurance bad-faith cases. On that subject the Court is deeply divided.

Ever since the motion for rehearing of the denial of the petition for writ of error in State Farm Fire & Casualty Co. v. Simmons was filed three and one-half years ago, the Court has searched for a way to define the common-law standard of bad-faith insurance liability more precisely and…