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ARTICLE · 16 JANUARY 2004

Washington Bad Faith Law

Insurance has become a necessary item for all Washington residents and businesses. Despite the State requiring insuraance for many activities, insurance is a good way to manage risk.

United StatesLitigation, Mediation & Arbitration
Matthew King
Matthew King

As Published in October 2003 King County Bar Bulletin

Insurance has become a necessary item for all Washington residents and businesses.  Despite the State requiring insurance for many activities, insurance is a good way to manage risk.  However, the relationship between the insurer and insured has many different duties and obligations.  One major duty between the insurer and the insured is the obligation of good faith and fair dealing.

Every insurer has a legal duty to act in good faith.  This duty is one of fair dealing and a responsibility to give equal consideration to the insured’s interests.[1]  To avoid bad faith claims an insurer must comply with both the legislative and judicial standards.[2]  In addition, the Insurance Commissioner created regulations defining unfair claims practices.[3] Under RCW 19.86.920, there is an implied reasonableness requirement in defining unfair methods of competition or unfair or deceptive acts or practices.[4]

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