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Date: 01-08-2024
Case Style:
Case Number: 2:21-cv-01377
Judge: Kymberly K. Evanson
Court: United States District Court for the Western District of Washington (King County)
Plaintiff's Attorney:
Defendant's Attorney: Seattle, Washington insurance defense lawyer represented the Defendant.
Description: Seattle, Washington insurance law lawyers represented the Plaintiff who sued the Defendant on bad faith breach of an insurance contract.
This case was filed in the Island County Superior Court, 21-00002-00277-1, and was removed to federal court by the Defendant.
Washington law provides protections for insureds against bad faith practices by insurance companies. Here's a breakdown of the key aspects:
Duty of good faith: Insurance companies in Washington have a duty of good faith and fair dealing to their insureds. This means they must:
Handle claims promptly and fairly.
Conduct a reasonable investigation of claims.
Offer fair settlement amounts based on policy terms.
Avoid arbitrary delays or denials of claims without justification.
Breach of duty: An insurance company can be considered in breach of their duty of good faith if they engage in conduct that is:
Arbitrary, capricious, or without probable cause: Denying, delaying, or undervaluing claims without a reasonable basis.
Misleading or fraudulent: Concealing information, denying coverage based on false pretenses, or engaging in other deceptive practices.
Vexatious or unreasonable: Engaging in conduct that causes emotional distress or unnecessary hardship to the insured.
Damages: If you can prove the insurer breached their duty of good faith and caused you damages, you may be entitled to compensation for:
Actual damages related to the denied or delayed claim: This could include medical expenses, property damage, and lost wages.
Statutory penalties: Up to three times the actual damages awarded (capped at $25,000).
Attorney's fees: The court may award attorney's fees to the insured in bad faith cases.
Emotional distress damages: Compensation for emotional distress caused by the insurer's actions.
Unique aspects of Washington law:
Washington Fair Conduct Act (IFCA): This law provides additional protections for insureds against unfair claim settlement practices.
Consumer Protection Act: The Consumer Protection Act can also be used to challenge bad faith insurance practices.
Comparative fault: Washington follows a comparative fault system, meaning your recoverable damages may be reduced if you were partially at fault for the denied claim.
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Outcome: Settled for an undisclosed sum and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments: