Remedies Afforded Privae Parties against Insurers for Unfair Claims Practices
分析了美国各州不公平理赔行为法是否赋予投保人和第三方索赔人新的私人诉权，认为越来越多的州立法意图支持这一权利扩张，而非批评者所称的司法越权。
The unfair claims settlement practices acts were enacted in tile 1970's and 1980's as amendmeints to state unfLair trade practices legislation intended to nleet the re(quirements of thle federal McCarran-lerguson Act. The federal act warned states thlat tlte United States would regulate tlhe insurance industry to tlhe extent that states failed to do so. Critics heave suiggested thal an aberrant handful of coLurts have mistakenly created extra-conlractiual rights for insureds and third party claimants, ignoring the legislative intent or state lawmakers who enacted thle new law s. The author argues that imposing evidence exists that it is the legislative intent of an increasing number of states to create new private rights of action and that tihe future portends a legislative and judicial expansion of these consumer rights. not withstanding tlhe argiuments of critics who seek to halt tile trend with corrective legislation.