Washington Code 48.50.075 – Immunity from liability for denying claim based on written opinion of authorized agency
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In denying a claim, an insurer, health maintenance organization, or health care service contractor who relies upon a written opinion from an authorized agency specifically enumerated in RCW 48.50.020(1) (a) through (g) that criminal activity that is related to that claim is being investigated, or a crime has been charged, and that the claimant is a target of the investigation or has been charged with a crime, is not liable for bad faith or other noncontractual theory of damages as a result of this reliance.
Terms Used In Washington Code 48.50.075
- Authorized agency: means a public agency or its official representative having legal authority to investigate criminal activity or the cause of a fire or to initiate criminal proceedings, including the following persons and agencies:
Washington Code 48.50.020Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Insurer: means any insurer, as defined in RCW 48. See Washington Code 48.50.020
Immunity under this section shall exist only so long as the incident for which the claimant may be responsible is under active investigation or prosecution, or the authorized agency states its position that the claim includes or is a result of criminal activity in which the claimant was a participant.
NOTES:
Effective date—2006 c 284: See RCW 48.135.901.
Effective date—1995 c 285: See RCW 48.30A.900.