Update: Washington Supreme Court Grants Review of Court of Appeals Decision Holding That Individual Adjusters May Be Liable for Bad Faith and Violation of Consumer Protection Act in Connection With Claims’ Handling Practices

Jeff Bone | September 6, 2018

In April of this year, I posted about a Washington Court of Appeals decision, Keodalah v. Allstate Ins. Co., No. 75731-8-I (filed Mar. 26, 2018), in which Division I reversed a decision of the trial court and held that individual insurance adjusters may be liable for bad faith and violation of the Consumer Protection Act (CPA) under RCW ch. 19.86 in connection with their handling of an insured’s claims. As I noted in that post, given the fact that the decision dealt with a matter of first impression, could dramatically change the landscape of coverage litigation in Washington, and had a few curious omissions, it was likely that the Washington Supreme Court would grant review of the decision.

On September 4, 2018, the Supreme Court did just that.[1] Corr Cronin will continue to monitor the case as it proceeds through the Supreme Court and provide an update if and when the Court issues its decision. If you have any questions in the meantime, do not hesitate to contact Jeff Bone at jbone@corrcronin.com.

[1] The notice of the granting of the petition for review can be found at the below link. The Keodalah case was is item No. 11 in the matters addressed by Department 2: https://www.courts.wa.gov/appellate_trial_courts/supreme/index.cfm?fa=atc_supreme.currentPetitions