Legal Opinion
Kirk v. Mount Airy Insurance
Washington Supreme Court
Decided February 26, 1998No. 65563-4PublishedCited by 135 opinions
1Opinion of the CourtJohnson, J.
The United States District Court, pursuant to RCW 2.60, certified the following question to this court:
Does the holding in Safeco Ins. v. Butler, 118 Wn.2d 383[, 823 P.2d 499] (1992), apply under a policy of professional liability insurance if the insurer fails to provide a defense to the insured in bad faith? If Butler applies, what remedies are available to the insured against the insurer?[1]
The starting point of our analysis requires us to assume bad faith has been established. The tort of bad faith has been recognized by this court. Safeco Ins. Co. of Am. v. Butler, 118 Wn.2d 383, 393-94,…
2Cases cited7 opinions
- Tank v. State Farm Fire and Casualty Co.Washington Supreme Court · 1986
- Safeco Insurance Co. of America v. ButlerWashington Supreme Court · 1992
- State Farm General Insurance v. EmersonWashington Supreme Court · 1984
- Transcontinental Ins. Co. v. WA. PUBLIC UTILITIES DISTRICTS'UTILITY SYSTEMWashington Supreme Court · 1988
- Greer v. Northwestern National InsuranceWashington Supreme Court · 1987
2 more not listed; retrieve them via the Exa API.
3Cited by135 opinions
- Truck Ins. Exchange v. VanPort Homes, Inc.Washington Supreme Court · 2002
- Overton v. Consolidated Ins. Co.Washington Supreme Court · 2002
- Truck Insurance Exchange v. VanPort Homes, Inc.Washington Supreme Court · 2002
- Overton v. Consolidated InsuranceWashington Supreme Court · 2002
- Hayden v. Mutual of Enumclaw InsuranceWashington Supreme Court · 2000
130 more not listed; retrieve them via the Exa API.