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The U.S. Supreme Court recently issued a decision in Berk v. Choy that clarifies a long-standing procedural battleground in medical malpractice litigation. In a decision authored by Justice Barrett, the Court held that state laws requiring plaintiffs to file an “affidavit of merit” (a statement from a medical expert attesting to the validity of the […]

1. What is insurance bad faith in Washington? Insurance bad faith occurs when an insurance company fails to act reasonably, honestly, and fairly toward its policyholder. In Washington, insurers have a legal duty to put the policyholder’s interests on equal footing with their own. When an insurer unreasonably delays, denies, or underpays a claim—or conducts […]

1. What is uninsured and underinsured motorist coverage in Washington? Uninsured motorist (UM) coverage applies when the at-fault driver has no insurance at all. Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but not enough to fully compensate you for your injuries. In both situations, you turn to your own insurance policy […]

1. What is a wrongful death case in Washington? A wrongful death case arises when a person dies because of another party’s negligence, carelessness, or wrongful conduct. Common examples include fatal car crashes, unsafe property conditions, defective products, medical errors, and workplace accidents. The legal claim is about holding the responsible party accountable and protecting […]

1. What should I do immediately after a car accident in Washington? Your priority is safety. If you can, move out of traffic and call 911. Washington law requires drivers to stop and exchange information after an accident, and a police report can be critical later—even if the crash seems minor. S eek medical attention […]

1. DO Act Quickly After a Loss Most policies require prompt notice of any claim. Waiting too long to notify your insurance company can result in delays — or worse, a denial of coverage. Tip: Report the loss as soon as possible, even if you don’t yet know the full extent of the damage. 2. […]

If you’ve just been in a car accident, you’re probably overwhelmed—dealing with injuries, car repairs, time off work, and the confusing world of insurance. What you do next can have a big impact on your health, finances, and legal rights. At Ruiz & Smart, we’ve seen too many people lose out on fair compensation simply […]

Since you’ve landed here, there’s a good chance you’re having trouble with your insurance claim. Unfortunately, I meet a lot of people when they’re at their lowest, most discouraged points in their lives. The first thing I tell them is this: Policyholders in the State of Washington have important rights. About 10 years ago, I […]

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What it is “Insurance bad faith” is a legal term that describes when an insurance company underpays, delays, fails to communicate, or otherwise disadvantages an insured. Insurance bad faith is illegal, and the law creates several ways for policyholders to hold insurance companies accountable in court. Examples Insurance bad faith can take many forms, but […]

The last time I wrote a blog post, it was 2012 or 2013. I had been writing about Washington’s Insurance Fair Conduct Act, mostly because I wanted to make sense of it for myself and share what I was learning with others. That blog eventually turned into a book, which, to my surprise, found a […]