June 8, 2018

Washington Bad Faith Law at a Glance

Washington state can be a difficult jurisdiction for insurers. Insurers’ duties of care are sometimes interpreted or applied quite broadly, and if an insurer breaches those duties, it can be subjected to tort damages, coverage by estoppel, treble damages, and an award of reasonable attorneys’ fees.

To help insurers avoid or mitigate their extra-contractual exposure, Clyde & Co’s Bob Meyers prepared Washington Bad Faith Law at a Glance, arguably the seminal and most comprehensive resource on Washington insurance bad faith law. In his paper, Mr. 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 2018 Edition, Mr. Meyers addresses several recent developments about which any insurer with exposure in Washington should be aware, including [1] Division One of the Washington Court of Appeals’ conclusion that an insured may assert claims against an insurer’s claim adjuster for common law bad faith and under the Consumer Protection Act, [2] a Washington Court of Appeals’ reaffirmation that an insured also owes a duty of good faith, and [3] a Washington Court of Appeals’ conclusion that Cedell v. Farmers does not apply to the discovery of work product and confidential attorney-client communications that are generated during insurance bad faith litigation.

Download our Washington Bad Faith Law at a Glance white paper to learn how you may be able to avoid or mitigate your extra-contractual exposure.