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Insurance Coverage, Bad Faith and Insurance Fair Conduct Act Litigation

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The attorneys at Rafel Law Group have substantial experience litigating insurance coverage, insurer bad faith and Insurance Fair Conduct Act claims. We fight for our business and individual clients’ rights under Washington and Oregon insurance law when insurers fail to timely and properly investigate their claims or refuse to pay claims that are covered by their insurance policies.  We have successfully litigated in state and federal courts a broad assortment of claims, ranging from the duty to defend and indemnify insureds in litigation to multi-million dollar property damage, construction defect, and employee theft claims.  Our attorneys have also appeared in proceedings before the Supreme Court of Washington and the Supreme Court of Oregon on critical issues relating to insurance recovery rights.  We have experience with a wide range of policies, including:  comprehensive general liability, property, professional liability, cargo, auto, personal disability and other coverages.  We represent individuals to Fortune 100 Companies, we work hard, and we draw upon our deep knowledge of insurance law and decades of litigation experience to obtain the best results for our clients.

If an insurer unreasonably denies your claim, you may be entitled to not only the coverage due, but also up to three-times your actual damages plus attorney’s fees under Washington’s Insurance Fair Conduct Act (IFCA). To obtain best results, we recommend that you engage an attorney early in the claims process.  We are available to help evaluate coverage and potential claims, for advice and assistance in submitting those claims, and to file suit when necessary to secure the recovery you deserve.

The following are some of the cases that our attorneys have resolved or are handling for our clients:

  • FountainCourt HOA v. American Family Mutual Ins. Co.: After insurer refused to pay a judgment entered against its insured for causing property damage, we sued the insurer and successfully established coverage at trial.  The insurer appealed.  We prevailed in both the Oregon Court of Appeals and Supreme Court.  360 Or. 341 (2016).
  • Alliana v. Liberty Mutual: Prosecuting coverage, bad faith and IFCA claims arising from failure to timely investigate and pay loss resulting from fire.
  • JAR Associates, LLC v. Afilliated FM Insurance: Prosecuting coverage, bad faith and IFCA claims for recovery of theft loss resulting from employee embezzlement.
  • Vestas v. Swiss Re: Prosecuted property damage claims against London insurers.
  • New Cingular Wireless Services v. ACE Property & Casualty: Prosecuted claims against several large insurance companies for coverage of defense costs incurred by client in defense of nationwide claims.
  • Cedar Grove Composting v. Ironshore Specialty Insurance: Prosecuted claims for insurance coverage, bad faith and violation of IFCA.
  • Horizon Air v. St. Paul: Represented policyholder against two insurers for breach of the duty to defend and indemnify
  • Frank-Lin v. Fireman’s Fund: Suit against insurer for failure to provide coverage and bad faith; won favorable settlement
  • Sundance HOA v. CNA: Won large settlement against liability insurer for bad faith repudiation of settlement agreement
  • Westview Investments v. Lexington Insurance: Successfully prosecuted claim against multiple insurers for bad faith refusal to honor policy obligations arising out of property damage to multi-family residential building
  • Hinton v. Insurer: Suit for bad faith refusal to provide coverage to insured geo-pier contractor; settlement in excess of policy limits