Abstract
Environmental claims and the law of insurance bad faith have had little significant interaction until recently. That state of affairs may be about to change. Consequently, lawyers and adjusters need to think through this relationship. After all, it will impact pleadings, discovery, settlement discussions, and trials. Insurance bad faith law has a significant ethical component. In general, reasonable adjustment practice is profoundly imbued with ethical principles and moral values. Lawyers and adjusters processing and litigating environmental claims need to digest this fact and plan various aspects of environmental litigation, e.g., discovery, accordingly. Part One of this extended essay concerned the values, principles, and virtues characteristic of sound adjustment, to the extent they are embedded in legal materials: cases, common law principles, statutes, etc. Part Two concerns the principles, values, and virtues characteristic of sound adjustment, but explores other sources of those norms: codes of professional ethics, textbooks on the adjustment process, company manuals, advertising, and corporate slogans.
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