[WSBARP] Insurance & SOL

[Kevin Winters]

WAC 284-30-380  Settlement standards applicable to all insurers.
(5) Insurers must not continue negotiations for settlement of a claim directly with a claimant who is neither an attorney nor represented by an attorney until the claimant's rights may be affected by a statute of limitations or a policy or contract time limit, without giving the claimant written notice that the time limit may be expiring and may affect the claimant's rights. This notice must be given to first party claimants thirty days and to third party claimants sixty days before the date on which any time limit may expire.

Kevin M. Winters
Winters Law, PLLC
2129 NE 195th Place
Lake Forest Park, WA  98155
206-276-2866
kevin at winters-law.com<mailto:kevin at winters-law.com>
www.winters-law.com<http://www.winters-law.com>




From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Robert R. Cole
Sent: Wednesday, September 5, 2018 5:50 PM
To: WSBA Probate & Trust Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Insurance & SOL


Long time unsophisticated clients just came in.  Gov't water line by their house burst a little over 3 years ago, causing much damage to their house and personal property.  They have been working with an adjuster pretty much since then. House itself was fixed.   Adjuster has been very slow to respond, loses docs, etc. CL never received the itemization of all the destroyed stuff that was prepared by the flood repair people. Arguably should have been settled long ago.  Now the adjuster wants to make a small partial payment of some of the out-of-pocket damages and a couple items, and have them sign a partial release saying that amount would be credited to any judgment they were to receive; CL think not even in the ballpark of their total loses.  I somewhat recall case law that insurance companies cannot rely on statute of limitations in situations such as this, but cannot find what I'd like to.  So I once again look to the collective wisdom.  Thanks.
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Very Truly Yours,
Robert R. Cole
Law Office of Cole & Gilday, P.C.

10101 - 270th St. NW
Stanwood, WA 98292
(360) 629-2900 (Telephone)
(360) 629-0220 (Fax)

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