Insurance Law
Our attorneys are experienced in representing individuals and businesses in insurance disputes. At Mullavey, Prout, Grenley & Foe we assist clients in declaratory actions to require an insurer to provide coverage on claims. We also assist clients in settling claims with insurance companies in various coverage areas, including automobile, casualty, fire, marine, medical, business, and products liability.
Coverage Analysis. We routinely work with our clients to review the terms of their existing and proposed insurance policies to ensure that they are receiving the protection that they are seeking. Our attorneys have experience reviewing and analyzing a wide variety of insurance policies, including car and vehicle, homeowner's, renter's, property, title insurance, commercial general liability, product's liability, fire, casualty, medical business, marine and vessel, umbrella, employment practices, disability, life, death, key man, contractor's, professional's, errors and omissions, environmental, and pollution policies.
Coverage Disputes. It has been said that insurance companies have two departments, one to take your money, and another to make sure that you never get it back again. Our attorneys have a strong track record of obtaining insurance coverage for clients whose claims have been previously denied by their insurer. Washington law provides a number of ways to hold insurance companies accountable for wrongfully denying or handling claims.
These include:
- Unfair Claims Handling The Washington Administrative Code ("WAC") sets forth in detail the requirements applicable to insurers for handling claims in Washington. See, Chapter 284-30 WAC. Our attorneys are familiar with these claims handling requirements and have experience holding insurance companies accountable for violating them.
- Insurance Fair Conduct Act. The Insurance Fair Conduct Act, or "IFCA" is designed to protect insureds from being unreasonably denied claims or benefits arising from certain insurance policies. RCW 48.30.015 embraces many of the requirements of the WAC and provides insureds whose claims have been unfairly denied with additional recourse, including treble damages and attorney's fees.
- Insurance Bad Faith. Your insurer has a duty to treat its insured -- you -- with utmost good faith. An insurer cannot place its financial interests ahead of those of its insured. Unfortunately, many insurers fail to live up to that duty. If your insurer has treated you unfairly, you may have recourse in a claim for bad faith.
- Washington Consumer Protection Act. The Washington Unfair Business Practices/Consumer Protection Act ("CPA") provides redress for insureds for violations of the WAC, even in cases where a claim has not been denied. For instance, one may bring a CPA claim where an insurer has failed to properly value a claim. When an insurer has found to have violated the CPA it is subject to punitive damages and attorney's fees.
- Failure to Defend. If a claim is brought against you, your insurer must provide you a defense if there is a colorable claim for coverage. The failure of an insurer to provide a defense can be brought on its own, or be the basis for a WAC, IFCA, CPA, or bad faith claim.