"BAD FAITH" COUNSEL
Determining what (or who) is, or is not, covered under a particular policy is a significant part of the equation, but that analysis necessarily occurs in a larger context that frequently includes an insured's claim that the insurer mishandled the claim and acted in so-called "bad faith." By the time they get to me, it seems most coverage tenders and claims include an implied or overt threat to pursue "extracontractual" damages if the insurer does not comply with the insured's wishes regarding coverage. Washington allows common law bad faith claims, as well as statutory relief under the Washington's Consumer Protection Act and the Insurance Fair Conduct Act. Possible penalties for mishandling claims in Washington include coverage by estoppel, the possible imposition of multiplied actual damages, and the payment of an insured's attorneys' fees. These are signficant penalties and any coverage analysis must include due consideration of adequate claims handling under Washington law.
Adjusting claims in Washington is sometimes like walking a tightrope that has been cut loose from the other side.
I have advised insurers regarding bad faith claims for more than 30 years, and helping insurers remain in compliance with Washington insurance law is a major part of my practice. In my experience, most insurer missteps are unintentional deviations from the particulars of Washington's claims handling rules.
While I cannot promise to make Washington claims handling less of a tightrope walk, hiring me at the outset at least reconnects the rope,
helping ensure your company's future compliance with Washington law to avoid the bad faith claims that are frequently used to pressure insurers into claims resolutions that did not have to happen.
Where bad faith claims are made and must be addressed, however, I have substantial litigation experience defending insurers and their claims representatives in state and federal courts, as well as before arbitrators.