You paid your insurance premiums because you believed your insurance company would help when life took a sudden turn. Instead, you are dealing with ignored phone calls, repeated delays, confusing explanations, or a claim denial that makes no sense. When an insurance company refuses to treat you fairly, the financial and emotional pressure can become overwhelming.

A seasoned bad faith insurance attorney can help you push back and protect your rights under Washington law.

At Brett McCandlis Brown & Conner, our personal injury law firm knows how devastating insurance disputes can be for Washington families and businesses. Whether your insurer denied coverage after a serious injury, delayed payment after property damage, or undervalued a legitimate claim, we are prepared to investigate the insurer’s conduct and hold them accountable. Our team has spent decades helping injured and wronged people throughout Washington recover the compensation they deserve

What Is Insurance Bad Faith?

Insurance bad faith happens when an insurance company fails to deal fairly and honestly with a policyholder. Insurance companies have a legal duty to investigate claims reasonably, communicate honestly, and pay valid claims in a timely manner.

A bad faith claim can arise from many types of insurance policies, including:

  • Auto insurance,
  • Homeowners insurance,
  • Commercial insurance,
  • Health insurance,
  • Underinsured or uninsured motorist coverage, and
  • Life insurance.

Washington law recognizes that policyholders are often at a disadvantage when dealing with insurers. Because of this imbalance, the law allows people harmed by unfair insurance practices to pursue compensation when an insurer acts improperly.

What Is Considered Bad Faith?

Insurance companies are allowed to investigate claims and ask questions before paying benefits. However, they are not allowed to treat policyholders unfairly, create unnecessary delays, or ignore their obligations under Washington law.

The following are common examples of conduct that may qualify as insurance bad faith:

  • Misrepresenting policy terms or facts,
  • Ignoring communications,
  • Failing to properly investigate claims,
  • Denying claims without a reasonable investigation,
  • Delaying coverage decisions,
  • Delaying one part of a claim to influence another,
  • Failing to explain denials clearly, and
  • Failing to implement reasonable payment procedures.

Bad faith is not always obvious at first. Many insurance companies present delays, denials, or low settlement offers as normal parts of the claims process. However, when an insurer repeatedly avoids its obligations or treats a policyholder unfairly, you may have the right to pursue compensation under Washington law.

How Can I Bring an Insurance Bad Faith Claim?

Washington law gives policyholders the right to pursue legal action when an insurer unreasonably denies coverage or refuses to pay benefits owed under a policy. However, there is a specific process that must generally be followed before filing a lawsuit.

Step 1: Determine Whether You Qualify as a First-Party Claimant

Under Washington law, bad faith claims are brought by what is known as a “first-party claimant.” This means you are seeking payment under your own insurance policy rather than someone else’s policy.

Examples of first-party claims involving bad faith include:

  • A homeowner’s insurance company refusing to pay the homeowner for covered fire damage;
  • An auto insurer denying uninsured motorist benefits to the policyholder;
  • A commercial property insurer delaying payment to the property owner after storm damage; and
  • A health insurer refusing to cover medically necessary treatment.

Businesses, individuals, partnerships, and other legal entities may all qualify as first-party claimants if they are covered under the policy.

Step 2: Identify Whether the Insurance Company Acted Unreasonably

Not every denied claim qualifies as insurance bad faith. To bring a claim, there must generally be evidence that the insurer acted unfairly, dishonestly, or unreasonably during the claims process.

An experienced attorney can review the insurer’s conduct, policy language, and communications to determine whether a viable bad faith claim exists.

Step 3: Provide Written Notice Before Filing a Lawsuit

Washington law generally requires policyholders to provide written notice at least 20 days before filing a bad-faith action.

The notice must be sent to both the insurance company and the Washington Office of the Insurance Commissioner.

This requirement gives the insurance company an opportunity to resolve the issue before litigation begins.

Because these notices can become important evidence later in the case, it is wise to have an attorney prepare or review them carefully.

Step 4: Allow the Insurance Company Time to Respond

After the notice is sent, the insurance company generally has 20 days to address the issue. If the insurer fails to resolve the dispute within the required timeframe, you may proceed with legal action.

Step 5: File a Lawsuit Seeking Compensation

If the insurance company still refuses to act fairly, you may file a lawsuit in Washington Superior Court. Depending on the circumstances, you may be able to recover:

  • Actual financial damages,
  • Attorney fees,
  • Litigation costs, and
  • Expert witness costs.

In some cases, Washington courts may increase the damages award if the insurer’s conduct was especially unreasonable. Courts may award up to three times the actual damages in certain situations.

These laws exist to discourage insurance companies from taking advantage of policyholders who are already dealing with stressful and financially difficult situations.

What Does Not Constitute a Bad Faith Claim?

Not every denied insurance claim qualifies as bad faith. Insurance companies are allowed to investigate claims and deny coverage when there is a legitimate dispute over the facts or policy terms.

For example, an insurer may reasonably deny a claim if:

  • The policy clearly excludes the loss,
  • Coverage had lapsed before the incident occurred,
  • The claimant failed to provide the required documentation, or
  • Evidence suggests fraud or misrepresentation.

A disagreement over the value of a claim does not, in itself, mean the insurer acted in bad faith.

The key issue is whether the insurance company acted reasonably and honestly during the claims process.

It is also important to understand that bad faith claims generally arise from your own insurance company’s conduct. You cannot sue another person or entity’s insurance company for bad faith because you are not the policyholder.

Because these distinctions can be complicated, it is important to speak with an insurance bad faith lawyer before assuming you do or do not have a valid claim.

How Long Do I Have to File a Bad Faith Insurance Claim?

Washington law limits the amount of time you have to file a bad faith insurance lawsuit. Missing the deadline could prevent you from recovering compensation.

The exact deadline depends on the type of claim and the facts of your case.  

Because these deadlines can be complicated, it is important to speak with a bad faith insurance attorney as soon as you suspect your insurer acted unfairly.

How Can an Insurance Bad Faith Lawyer Help Me?

Insurance companies handle claims every day. Most policyholders do not. That imbalance can make it difficult to recognize when an insurer is crossing the line or taking advantage of the situation.

An experienced lawyer can help level the playing field by protecting your rights and holding the insurer accountable for unfair conduct.

At Brett McCandlis Brown & Conner, we can assist by:

  • Reviewing your insurance policy and claim documents;
  • Investigating how the insurance company handled your claim;
  • Identifying unreasonable delays, denials, or settlement tactics;
  • Gathering evidence to support your bad faith claim;
  • Communicating directly with the insurer on your behalf;
  • Preparing and serving the required legal notices;
  • Negotiating for a fair resolution; and
  • Filing a lawsuit if the insurance company refuses to act reasonably.

Many people are unsure whether the insurance company’s conduct actually rises to the level of bad faith. Our attorneys can evaluate the facts of your situation and explain your legal options in clear, straightforward terms.

Speak to an Experienced Insurance Bad Faith Lawyer at Brett McCandlis Brown & Conner Today

Insurance companies have extensive resources and experienced legal teams protecting their interests. You deserve a team that knows how to stand up to unfair insurance practices and fight for the compensation you are owed.

At Brett McCandlis Brown & Conner, our attorneys understand how deeply financial uncertainty and claim denials can affect families, businesses, and individuals trying to move forward. We work directly with our clients, explain their options honestly, and prepare every case thoroughly.

When you hire our firm, we handle communications with the insurance company, investigate the claim, and build a strategy tailored to your situation.  

If you believe an insurer has unfairly denied, delayed, or underpaid your claim, contact Brett McCandlis Brown & Conner today for a free consultation to discuss your legal options.

Legal References Used to Inform This Page

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