Legal Opinion
McCarthy Finance, Inc. v. Premera
Court of Appeals of Washington
Decided June 23, 2014No. 69848-6-IPublishedCited by 5 opinions
1Opinion of the Court
Verellen, A.C.J.
¶1 Although the Office of the Insurance Commissioner has broad regulatory authority, the Insurance Code, ch. 48.44 RCW, and the Consumer Protection Act (CPA), ch. 19.86 RCW, anticipate that policyholders may litigate CPA claims against insurers and their agents. Especially where the insurance commissioner declares he is unable to effectively regulate surplus levels maintained by nonprofit insurers, the filed rate, primary jurisdiction, and exhaustion of remedies doctrines do not necessarily bar CPA claims alleging misrepresentations by insurers or their agents that resulted in…
2Cases cited31 opinions
- Nader v. Allegheny Airlines, Inc.Supreme Court of the United States · 1976
- Kansas City Southern Railway Co. v. CarlSupreme Court of the United States · 1913
- GRANT CTY. FIRE PROT. DIST. v. City of Moses LakeWashington Supreme Court · 2004
- Wegoland Ltd. v. NYNEX Corp.Court of Appeals for the Second Circuit · 1994
- POM Wonderful LLC v. Coca-Cola Co.Supreme Court of the United States · 2014
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3Cited by5 opinions
- McCarthy Finance, Inc. v. PremeraWashington Supreme Court · 2015
- Bernal v. The Boeing CompanyDistrict Court, W.D. Washington · 2024
- Kari L. Larson v. Quillayute Valley School District No. 402, Brian Weekes, and his marital community, Kyle Weakley, and his marital communityDistrict Court, W.D. Washington · 2026
- McCarthy Fin., Inc. v. PremeraWashington Supreme Court · 2015
- McCarthy Fin., Inc. v. PremeraWashington Supreme Court · 2015