[WSBARP] Allstate

[Stephen Whitehouse]

I think you are correct. Security Insurance Company v Axis Insurance Company, 190 Wash2d 348(2018), is clear. Here is an interesting question. Under RCW 48.05.215(2),  does the 40 day time period to respond apply only to unauthorized insurer or against all. If you apply the strict rules of construction, since that paragraph deals only with unauthorized insurers, it only applies to them. However, it is not worth the risk to not wait, and the decisions of the appellate courts these days are pretty unpredictable. Although it is tempting since insurance companies seem to lose about 90% of their appellate cases.
Stevev

Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave. Shelton, Wa. 98584360-426-5885swhite8893 at aol.com


-----Original Message-----
From: John McCrady <j.mccrady at pstitle.com>
To: Stephen Whitehouse <swhite8893 at aol.com>; WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Sent: Thu, Aug 12, 2021 9:11 am
Subject: RE: [WSBARP] Allstate

<!--#yiv0689022873 _filtered {} _filtered {}#yiv0689022873 #yiv0689022873 p.yiv0689022873MsoNormal, #yiv0689022873 li.yiv0689022873MsoNormal, #yiv0689022873 div.yiv0689022873MsoNormal {margin:0in;margin-bottom:.0001pt;font-size:12.0pt;font-family:"Times New Roman", serif;}#yiv0689022873 a:link, #yiv0689022873 span.yiv0689022873MsoHyperlink {color:#0563C1;text-decoration:underline;}#yiv0689022873 a:visited, #yiv0689022873 span.yiv0689022873MsoHyperlinkFollowed {color:#954F72;text-decoration:underline;}#yiv0689022873 span.yiv0689022873EmailStyle17 {font-family:"Calibri", sans-serif;color:#1F497D;}#yiv0689022873 .yiv0689022873MsoChpDefault {font-size:10.0pt;} _filtered {}#yiv0689022873 div.yiv0689022873WordSection1 {}-->RCW 48.05.200 has always seemed to me to say that the only way to serve an insurance company is to serve the Insurance Commissioner    John McCrady Counsel Puget Sound Title Company 5350 Orchard Street West University Place WA 98467 253-476-5721 j.mccrady at pstitle.com  Beginning July 26, 2021, recording fees for most documents recorded in Washingtonwill increase by $100. Please be sure to collect recording fees accordingly. Due to the above increase, our Reconveyance fees will also be increased by $100.00    WARNING-FRAUDULENT FUNDING INSTRUCTIONS Email hacking and fraud are on the rise to fraudulently misdirect funds.  Please call your escrow officer immediately using contact information found from an independent source, such as the sales contract or internet, to verify any funding instructions received.  We are not responsible for any wire sent by you to an incorrect bank account.       From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com]On Behalf Of Stephen Whitehouse
Sent: Wednesday, August 11, 2021 10:01 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Allstate    Listmates,       This really is a real property inquiry. I had a client with a boundary/trespass defense issue. We tendered to Allstate. It took them several months and they finally accepted the tender. We presented them with a  bill from the date of tender to the acceptance and we never got a response. So we did the 20 day notice to the Office of the Insurance Commissioner and they failed to respond. So we filed suit.       In looking at what the actual legal entity is, while the policy uses a number of AKAs, the actual name of the corporation is the Allstate Insurance Corporation. A lot of appellate decisions reference them as the  Allstate Insurance Company, which may be a distinction without a difference. The SOS lists no registered agent for service of process for either entity. I find that somewhat surprising and am wondering if someone else on the listserve has been through the same drill trying to serve them, or if I just need to serve the SOS.    Steve Stephen Whitehouse Whitehouse & Nichols, LLP P.O. Box 1273 601 W. Railroad Ave.  Shelton, Wa. 98584 360-426-5885 swhite8893 at aol.com    
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