Bob Meyers Authors White Paper on Washington Bad Faith Law, Third Edition

Sedgwick News
September 2017

Sedgwick Seattle partner Bob Meyers has released the third edition of the white paper, Washington Bad Faith Law At A Glance, which discusses bad faith law in Washington state. Washington state can be a difficult jurisdiction for insurers, and their duties of care are sometimes interpreted or applied quite broadly. Meyers has updated the white paper to include recently filed Washington cases that address an insured’s burden of proving bad faith, the presumption of harm, coverage by estoppel, privilege and work product issues and damage issues.

In this edition, Meyers includes recent developments about which any insurer with exposure in Washington should know. These include the Washington Supreme Court’s conclusion that a regulatory violation is not independently actionable under the Insurance Fair Conduct Act, the Ninth Circuit Court of Appeals’ conclusion that an insured under a liability insurance policy is not a “first party claimant” with a right of action under the Insurance Fair Conduct Act, a Washington Court of Appeals’ reaffirmation that an insurer generally has the right to select defense counsel, a federal judge’s reaffirmation that estoppel cannot be used to create insurance coverage that never existed, and a Washington Court of Appeals’ conclusion that an insured may assert a bad faith claim against an insurer’s claim adjuster.

Meyers has extensive experience representing U.S. and international insurers in complex, high-value insurance matters, including advising clients about their rights and obligations under insurance policies, bad faith law, and insurance statutes and regulations and representing insurers in disputes and lawsuits.