1. DeWolf describes Washington's development of an independent tort duty as follows: At one time Washington followed a doctrine known as the economic loss rule, which rejected the application of tort law in cases where the parties had a contractual relationship, an economic loss was suffered by one of the parties, and their contract either explicitly or implicitly allocated the risk of loss from negligence between them;David K Dewolf;Donatelli v. D.R. Strong Consulting Eng'rs, Inc., 312 P.3d,2007
2. For a general introduction to the debate over the fairness or efficiency benefits of bad faith laws, see Symposium, The Law of Bad Faith in Contract and Insurance, 72 Tex;Robert H Jerry;The Wrong Side of the Mountain: A Comment on Bad Faith's Unnatural History,1986
3. A Cautionary Tale About Contractual Good Faith in Texas, 72 Tex;Mark Gergen;L. Rev,1994