During the first six months of 2014, Washington judges issued several notable insurance-related decisions. Some of those decisions were favorable to insurers and could benefit insurers in future insurance claims and lawsuits in Washington. For instance, Washington judges declared that:
- Washington’s Insurance Fair Conduct Act (“IFCA”) does not apply to liability insurance claims,
- Insurers do not have a fiduciary relationship with their insureds and cannot be liable for an alleged breach of a fiduciary duty, and
- CGL insurers owe no duty to defend an insured in an environmental claim in the absence of a lawsuit or an administrative agency action that is “adversarial or coercive in nature.”...
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