Bar Bulletin

Bar Bulletin

Supreme Court Sharpens Insurance Recovery Tools in 2019

January 2020 Bar Bulletin

By Paul R. Raskin

Washington law provides a variety of tools to aid insureds with their recovery efforts. Our common law has long awarded attorney’s fees where an insured is required to litigate to obtain coverage. Attorney’s fees are also recoverable under the Insurance Fair Conduct Act (IFCA) where the insurer unreasonably denies coverage or fails to pay benefits and under the Consumer Protection Act (CPA) when an insurer engages in bad faith or violates Washington claims handling regulations.

In addition to attorney’s fees, IFCA contains a treble damages remedy. The potential for treble damages provides incentive to insurers to take a closer look at...

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