California, United States of America
The following excerpt is from Thompson v. Cannon, 224 Cal.App.3d 1413, 274 Cal.Rptr. 608 (Cal. App. 1990):
"Thus, it seems clear that any fiduciary duty existing between an insurer and its insured is governed by the terms of the insurance contract in effect between them; to the extent there is no contract, i.e., because the insurer has not extended coverage for the risk by which the insured has suffered a loss, the relationship between the parties is not controlled by principles of strict fiduciary responsibility." (Gibson v. Government Employees Ins. Co. (1984) 162 Cal.App.3d 441, 449-450, 208 Cal.Rptr. 511.)
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