Bad Faith Nov2013 Duty to Settle

Insurance Bad Faith Law in Washington State

Duty to Settle

November 1, 2013

Jacquelyn BeattyKarr Tuttle Campbell

The Speakers

Jim MurrayDickstein Shapiro

Nature of the insurer’s duty:

What does the contract say?

What does “the law” say?

Is the insured’s consent required?

Settling without the insurer’s consent: the insured’s rights under an ROR defense.

The insured’s role:

How does this affect the timing and the

obligation?

The presence of coverage issues:

Duties owed to the insured – first and third party

Duties owed to excess carriers

Duties owed to third party claimant

Extra-contractual risks for the primary insurer

Is there duty to pay undisputed amount?

Extra-contractual risks for the primary insurer

What’s the exposure if a duty is breached?

Extra-contractual risks for the primary insurer

Here’s what can happen

Here’s what can happen

Instruction No. 10

Instruction No. 10

Instruction No. 10

Questions

Jacquelyn Beatty, Esq. CPCU ARM CLMP Karr Tuttle Campbell (206) 224-8090 jbeatty@karrtuttle.com

James Murray, Esq. Dickstein Shapiro (202) 420-3409 murrayj@dicksteinshapiro.com

Speaker Contact Info