Tortious Liability

The boy dies, due to the failure to provide the transplant in time. The protagonist, Rudy Bayler sets up a partnership with former insurance assessor Dick Shifflet to fight the case of insurance bad faith on behalf of Donny Ray Black.The tortious liability of the defendant is established because Rudy is able to discover that the insurance company was running a scheme that unfailingly denied ever insurance claim submitted since the year 1991, irrespective of whether or not it had merit. The Company was relying on odds that only 1 in 4 claimants would take the trouble to consult a lawyer, and even then, any damages they had to pay would be compensated in the savings that could be achieved. In reality, the scheme had already generated an extra 40 million dollars for the Company. The trial ends with a verdict in favor of the Plaintiff and a compensatory award of damages for $50.2 million.The meaning of tortious liability is defined by Winfield as follows: “Tortious liability arises from the breach of a duty primarily fixed by law. this duty is towards persons generally and its breach is redressible by an action for unliquidated damages.”1 Based on this definition, there are thus three elements associated with tortuous liability : (a) a duty fixed by law – this is not necessarily established by statute but through case precedent (b) the duty must be owed generally and (c) the breach of duty must entitle the claimant to damages.In Donaghue v Stevenson,2 Lord Atkin stated that the law of tort is based upon “a general sentiment of moral wrongdoing for which the offender must pay.” In the case of Letang v Cooper3, the Court of Appeal held that intentional injury would give rise to a claim in tort (trespass in this particular case), while unintentional injury would give rise to a claim based on negligence. In establishing tortuous liability, Courts also require that the defendant should have willfully intended tocommit the Act that caused the damage.