Washington Commercial Lines – 2020 Year in Review

Smith Freed Eberhard partners Kyle Riley and Gordon Klug discuss significant cases of the past year in Washington, with a focus on commercial lines claims management.

Why Watch This Webinar?

This webinar is designed for claims professionals and provides a basic overview of significant cases over the last year and their impact on commercial lines claims management. This webinar will prepare you to handle claims in Washington touching on: wrongful death; bad faith; Washington’s Made Whole Doctrine; the Washington Law Against Discrimination (WLAD); and other topics.

Key Points Presented Include:

• (RCW 4.24.010) Changes wrongful death statute to significantly expand ability of parents to file suit after their child dies.
•  (WAC 284-30-770) Requires insurers to inform insureds that they may seek guidance from state insurance regulators if insurer takes certain adverse actions.
•  (Keodalah v. Allstate) Determines that bad faith claims against individual employee adjusters cannot proceed.
•  (Grp. Health Coop. v. Coon) Provides that settlement for less than policy limits does not create presumption that insured has been “made whole.”
• (T-Mobile USA v. Selective) Defines the binding power of an insurer’s agent’s representation of coverage to an insured.
• (Poole v. State Farm) Holds that interpretation of an ambiguous term should be decided against the insurer and the insured may pursue a bad faith denial of coverage claim in this situation.
• (Plein v. USAA) Clarifies “substantially related” in the context conflicts of interest under RPC 1.9(a).
• (W.H. v. Olympia Sch. Dist.) Strengthens the WLAD to include strict liability for employees of school districts and finds that discrimination encompasses intentional sexual misconduct.