In Washington State, a motorist was injured in an accident. The injured motorist brought an action against the adjuster for the at-fault motorcyclist's automobile insurance company. The injured motorist sued for bad faith and for alleged violation of the Washington Consumer Protection Act.
The Superior Court, King County, Washington, Case No. 15-2-18663-9, John P. Erlick, J., dismissed the injured motorist's action but certified the case for discretionary review, which was granted.
On appeal, the Washington Court of Appeals held that:
- the duty of good faith imposed by Washington statutes on “all persons” involved in insurance applies equally to individuals and corporations acting as insurance adjusters, and
- individual insurance adjusters can be liable for a violation of the Washington Consumer Protection Act.
"Thus, we hold that an individual insurance adjuster may be liable for bad faith and CPA violations." Holding of the appellate court: Reversed and remanded.
The case in the appellate court is published at Keodalah v. Allstate Ins. Co., 413 P.3d 1059 (Wash. Ct. App., Div. 1, 2018).
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