duty of good faith and fair dealing

In ethics or metaphysics, the “law of unintended consequences” states that, for any willed action, there are consequences that occur which are not intended.  The concept has long existed, but was named and popularized in the 20th century by American sociologist Robert K. Merton.

Merton would have been fascinated by laws that were intended

I’m just back from Orlando where I had the opportunity to speak at an ABA conference on business interruption insurance.  During the talk, I referred to a case I often cite, Rawlings v. Apodaca, 151 Ariz. 149, 726 P.2d 565, 1986 Ariz. LEXIS 253 (1986).  For me, the key quote from the case is: