Big win for insurance consumers, big blow for trial lawyers

Dana BieberNews0 Comments

On February 2 the Washington state Supreme Court issued a big decision on the so-called “Insurance Fair Conduct Act” (IFCA). The holding confirms that IFCA does not create a private right of action for violation of insurance regulations, separate and apart from a dispute over coverage, and wipes out much of what the plaintiff bar thought it had accomplished by getting IFCA passed. The plaintiff bar has already expressed a view that the case guts IFCA—and that view is shared by many members of the defense bar. The plaintiff insurance bar was banking on being able to sue for violations of regulations, standing alone. That appears to no longer be an option. Finally, a fair and unanimous liability decision from the Supreme Court. http://www.courts.wa.gov/opinions/…

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