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Washington Supreme Court Rejects Insurer Challenge to Covenant Judgments

This morning, in Bird v. Best Plumbing Group, Inc. (.pdf),  the Washington Supreme Court rejected Farmer’s challenge to the now longstanding use of covenant judgments to establish the presumptive measure of damages for bad faith claims against liability insurers. Farmer’s argued that the Washington Constitution entitles insurers to have the reasonableness of the settlement determined by a jury. Writing for a 6-3 majority, Justice Fairhurst reasoned that a reasonableness hearing under RCW 4.22.060 is an equitable proceeding and, therefore, does not require a jury trial. 

© 2002-2022 by Williams Kastner ALL RIGHTS RESERVEDNational Law Review, Volume II, Number 300
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About this Author

Darren A. Feider Attorney Williams Kastner Law Firm
Member

Darren Feider is a Member in the Seattle office. His practice involves general employment litigation of wrongful discharge and discrimination claims, the drafting of employment and consulting contracts, non-compete agreements and severance packages for both employees and employers, and conducting investigations for private and public employers in response to EEOC and Washington State Human Rights Commission complaints. He has represented employers in unpaid wage actions. He also handles general commercial litigation.  

Experience

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206-233-2906
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