[WSBARP] Insurance & SOL

[Robert R. Cole]

I am still in a rabbit hole.  It seems the adjuster is working with 
Washington Cities Insurance Authority (WCIA) which is a self-insurance 
risk pool.  So is it covered by the insurance WACs ?  If it is, does the 
below WAC extend the statute of limitations, or does it just make for a 
bad faith claim?

Then there is the common law doctrine of equitable tolling, as here we 
(arguably) have bad faith, deception and/or false assurances by actions 
of the adjuster.  But there is also apparently a requirement that the 
plaintiff act with due diligence....

I'm out of my realm here.  This isn't a big case -- maybe $50k in 
presently unreimbursed losses, plus the house repairs which have been 
paid.  Suggestions???

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)

This message contains confidential and privileged information that is 
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On 9/5/2018 6:22 PM, Kevin Winters wrote:
>
> *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.
>
> -- 
>
> 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)
>
> This message contains confidential and privileged information that is 
> intended only for the named recipient(s).  Unless you are the named 
> recipient or authorized agent thereof, you are prohibited from 
> reading, copying, distributing or otherwise disseminating such 
> information.  If you receive this communication in error, please 
> notify the sender immediately.
>

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