WASHINGTON FEDERAL COURT DENIES INSURER’S ATTEMPT TO ESCAPE WASHINGTON COURTS, BUT FINDS THAT EXTRA-CONTRACTUAL CLAIMS ARE GOVERNED BY LAWS OF ANOTHER STATE

When dealing with a coverage lawsuit in Washington State, insurers often seek to transfer the case to another state or application of another state’s law. On April 14, 2016, Judge James L. Robart for the United States District Court for the Western District of Washington denied an insurer’s attempt to transfer a case from Washington to New Jersey, but found that the insured’s extra-contractual claims of bad faith, violation of Washington’s Consumer Protection Act (CPA), and violation of Washington’s Insurance Fair Conduct Act (IFCA) would be decided under New Jersey law instead of Washington law.

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