Washington Bad Faith Law At A Glance – Third Edition

By: Bob Meyers

Washington state can be a difficult jurisdiction for insurers. To help insurers avoid or mitigate their extra-contractual exposure, Sedgwick’s Bob Meyers published the Third Edition of Washington Bad Faith Law At A Glance, arguably the seminal and most comprehensive resource on Washington insurance bad faith law. In his paper, Bob Meyers cites notable Washington authorities relating to common law bad faith, the Consumer Protection Act and the Insurance Fair Conduct Act. For insurers’ ease of reference, he also includes excerpts from notable Washington insurance statutes and regulations.

In the Third Edition, Bob Meyers addresses several recent developments about which any insurer with exposure in Washington should be aware, including the Washington Supreme Court’s conclusion that a regulatory violation is not independently actionable under the Insurance Fair Conduct Act; the Ninth Circuit Court of Appeals’ conclusion that an insured under a liability insurance policy is not a “first party claimant” with a right of action under the Insurance Fair Conduct Act; a Washington Court of Appeals’ reaffirmation that an insurer generally has the right to select defense counsel; a federal judge’s reaffirmation that estoppel cannot be used to create insurance coverage that never existed; and a Washington Court of Appeals’ conclusion that an insured may assert a bad faith claim against an insurer’s claim adjuster. He also discusses recently filed Washington cases that address an insured’s burden of proving bad faith, the presumption of harm, coverage by estoppel, privilege and work product issues and damage issues.

To view the white paper, click here.

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