The insureds» position of vulnerability imposes on the insurer duties of good faith and fair dealing, equitable consideration of insurer and insured interests, and disclosure of material information and settlement negotiations. (gilbertsondavis.com)
1.32 The other equitable consideration relates not to establishing the need for estoppel, but to giving some «effect» or «relief» or «remedy» as a result of estoppel. (slaw.ca)
Where the contract terms speak directly to the issue in dispute, a court may not employ equitable considerations to determine the dispute even if the court believes that strictly applying the contract terms would be unfair to one of the parties under the circumstances. (csrealconblog.com)