installation of home fixtures generally
or hot water heaters specifically.
Id. at 189.
Most policies do not include
specific exclusions like that, further
demonstrating the difficulties insurers
will have denying coverage in a post-
Finally, the Xia court found that
ProBuilder’s denial of coverage—
which failed to consider the EPC
rule—was bad faith as a matter of law.
Id. This is significant because under
Washington’s Insurance Fair Conduct
Act (IFCA), RCW 48. 30.015, an insurer that unreasonably denies coverage
may be subject to treble damages.
A policyholder is also entitled to an
award of its attorney fees under IFCA,
as well as Olympic Steamship Co.,
Inc. v. Centennial Insurance. Co., 117
Robert V. Boeshaar
ATTORNEY AT LAW | LL.M., PLLC
206.866.2276 | boeshaarlaw.com
1000 Second Avenue, Suite 3000 | Seattle, WA 98104
Masters of Laws (LL.M.) in Taxation
Over 14 years experience with the IRS O;ce of Chief Counsel
I help individuals and businesses find the best
resolution to their disputes with the IRS.