bad faith nov2013 duty to defende

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/dkingman@gordontilden.com

William Knowles Cozen O’Connor 206-224-1289/wknowles@cozen.com

Speaker Contact Info