Washington’s Bad Faith Statute
The IFCA affects the amount of extra-contractual recovery as well. It permits the imposition of unlimited trebling of the insured’s “actual damages.” Subsection 3 of the new section of RCW Chapter 48.30 provides as follows: “The superior court may, after finding that an insurer has acted unreasonably in denying a claim for coverage or payment of benefits or has violated a rule in subsection (5) [listing certain WAC regulations] … increase the total award of damages to an amount not to exceed three times the actual damages.”
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