Bar Bulletin

Bar Bulletin

Insurance Fair Conduct Act Remains Powerful Force for Policyholders

December 2017 Bar Bulletin

By Paul R. Raskin

Washingtonians like their east-west rivalries, a la Huskies v. Cougars. This year, the state Supreme Court resolved a split between the federal courts in the state’s eastern and western districts regarding a significant issue under the Insurance Fair Conduct Act (IFCA).

IFCA provides a claim for treble damages and attorney’s fees to first-party insurance claimants when an insurer unreasonably denies a claim for coverage or fails to pay benefits. The statute also provides that violation by an insurer of enumerated Washington Administrative Code (WAC) provisions relating to claims handling and settlement practices constitutes a violation of IFCA for purposes of the...

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