“INVESTIGATIVE EXPENSES” RECOVERABLE IN INSURANCE BAD FAITH, WASHINGTON CPA CASE.

Women's March in Washington, D.C., 2017.

“Investigative expenses” that are possibly a part of insurance coverage in an insurance bad faith case are recoverable under the Washington Consumer Protection Act, as opposed to “litigation expenses” that are not recoverable under the CPA, the Court held in Nielsen v. Cal. Cap. Ins. Co., No. 2:22-CV-0177-TOR, 2023 WL 6222537, at *5 (E.D. Wash. Sept. 25, 2023) (holding that, at a minimum in the eyes of the Court, “however, a genuine issue of material fact exists as to whether Dr. Soto’s [the treating physician’s] reply to Dr. Battaglia’s IME report and Mr. Dietz’s [the policyholder’s “insurance expert’s”] evaluation of Defendant’s alleged insurance malpractice related to the investigation of an unfair act or practice separate from the instigation of her CPA claim.”).

Women's March in Washington, D.C., 2019.  (Sarah Silbiger / New York Times)

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