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.
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.
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.
1.30 Two estoppel elements in particular are affected by
such equitable considerations: the requirement for detrimental reliance in establishing the need for estoppel and the limited effect of the estoppel.
Judges may depart upwards or downwards from the Guidelines» fine range based on factors such as a defendant's ability to pay, any restitution the defendant must make, the potential for collateral consequences the defendant may face (such as civil litigation) and
other equitable considerations.
[Judge] Bolgert's ruling means the new requirements are void, but a previously agreed - upon conditional use permit — first issued in 1983 — remains in effect as an «
equitable consideration.»
The equitable considerations had no sway with the Supreme Judicial Court.
He also relied on
the equitable consideration that the government had changed its policy virtually on the eve of the hearing, which meant that Ms. Josef was deprived of a decision on the merits of the case, and effectively threw all of her costs away.
Even where a party is ostensibly the prevailing party, the trial judge can still deny fees based on a variety of
equitable considerations.
Justice Rothstein responded that even though the court is bound to the statute in a number of ways,
equitable considerations can come into play.