Washington Business Fall 2016 | Judicial Review | Page 12
2016 judicial scorecard
Torts (Insurance, Liability)
4 cases
Fairhurst
Gonzalez
Gordon
McCloud
C. Johnson
Madsen
Owens
Stephens
Wiggins
Yu
J. Johnson
Chambers
McCarthy Finance v.
Premera Blue Cross
+
+
+
+
+
+
+
+
+
+
+
Chicago Title Insurance v. Office
of Insurance Commissioner
-
-
NP
-
-
-
-
-
NA
+
-
Washington State Hospital Assoc.
v. Department of Health
+
+
+
+
+
+
+
+
+
NA
NA
Ralph v. Department of Natural
Resources
-
-
+
-
+
-
-
+
NA
+
NA
case name
pro-business
percentage
2016
50%
50%
100%
50%
75%
50%
50%
75%
100%
100%
0%
2012
100%`
20%
80%
0%
0%
40%
20%
100%
0%
0%
NA
2010
100%
80%
40%
0%
20%
80%
75%
80%
0%
NA
NA
2008
100%
60%
80%
50%
40%
60%
60%
100%
NA
NA
NA
2006
0%
0%
33%
67%
0%
0%
33%
NA
NA
NA
NA
2004
58%
50%
75%
36%
9%
55%
NA
NA
NA
NA
NA
+
AWB Supports Decision
-
AWB Opposes Decision
McCarthy Finance Inc. v. Premera Blue Cross
182 Wn.2d 936 (2015)
In McCarthy, the court held the filed rate doctrine applied to prevent policyholders’ recovery of damages on their claims under the Consumer Protection Act.
AWB agrees with this decision.
Chicago Title Insurance Co. v. Office of the Insurance
Commissioner
178 Wn.2d 120 (2013)
In Chicago Title, the court held that when an agent of the insurer solicited applications
for insurance in an unlawful way the insurer was bound by those unlawful actions and
responsible for the unlawful solicitations.
AWB disagrees with this decision.
Washington State Hospital Association v. Washington state
Department of Health
___183 Wn.2d 590 (2015)
In Hospital Association, the Hospital Association challenged the validity of an administrative rule that expanded the types of hospital ownership changes that would trigger
certificate of nee