10.1.2004

Bad Faith in Washington

An insurer’s bad faith can give rise to two related causes of action under Washington law: 1) a cause of action for bad faith sounding in tort, and 2) a cause of action for unfair trade practices pursuant to the Washington Consumer Protection Act (“WCPA”). See Overton v. Consolidated Ins. Co., 145 Wn.2d 417, 433 – 434, 38 P.3d 322 (2002). The WCPA cause of action is derivative of the tort cause of action. See Griffin v. Allstate Ins. Co., 108 Wn. App. 133, 148 n. 52, 29 P.3d 777 (2001). Although the two causes of action are interrelated, they do have distinct elements of proof and damages. View full article (PDF).