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Insurance Bad Faith Law in Washington State Duty to Defend: Is There Ever Any Question? November 1, 2013
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Insurance Bad Faith Law in Washington State
Duty to Defend: Is There Ever Any
Question?
November 1, 2013
Dale KingmanGordon Tilden Thomas & Cordell LLP
The Speakers
William KnowlesCozen O’Connor
Broader than the duty to indemnify The duty to defend is triggered if the
insurance policy conceivably covers the allegations in the complaint
Basic Duty
As Applied By The Courts
Two Exceptions◦ Not clear from the face of the complaint◦ If the facts in the complaint conflict with the
facts known to or readily ascertainable by the insurer
◦ Note: the insurer cannot rely on extrinsic facts to deny the duty to defend
Unstated Exceptions
Four Corners Rule
Can An Insurer Say “No”
Wrongful Denial of Defense
Remedy Buss Recovery
Wrongful Acceptance of Defense
Evolution of the Duty to Defend
Questions
Dale Kingman Gordon Tilden Thomas & Cordell LLP 206-805-6605/[email protected]
William Knowles Cozen O’Connor 206-224-1289/[email protected]
Speaker Contact Info
