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Devon M. Thurtle Anderson

Devon Anderson’s Answers

14 total


  • I'm being asked to sign a affidavit of assets and provide copies of my tax tax returns

    I was involved in a car accident, the other party was a pedestrian, I was found not to be at fault by the police officer. My insurance wants to settle, I disagree but they are still going that direction. The pedestrians attorney won't settle unles...

    Devon’s Answer

    You should request that your insurance company hire an attorney to represent you.

    Your auto insurance provides coverage that not only pays for a settlement/judgment to which your coverage applies, but your insurance policy also provides defense coverage. This means that, if another person asserts a claim against you (like the pedestrian here), your insurance company has a duty to hire a lawyer to defend you. Tell your insurance company you would like defense counsel to review the settlement on your behalf.

    As for the affidavit and tax returns, this is an unusual settlement requirement, highlighting the need to have your own attorney (again, paid by the insurance company) to review the settlement. It may be legitimate, but that simply depends on the precise terms of the entire settlement, so attorney review is necessary.

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  • Can I Force a life ins. co. to reissue a check directly to my Dad's VISA co. to settle his bill?

    My Dad passed away 1-7-14', and he had an ins. check to pay any outstanding bills. But the check is issued to: The Estate of my Dad not the VISA co. Also my Dad passed away without a will, so I only have a medical po...

    Devon’s Answer

    Typically, life insurance benefits are issued to the beneficiary named on the policy.

    Even though there was no will, the estate should be properly settled to preserve any assets, including property and these life insurance proceeds. An attorney can help you in closing this and other matters left open with the estate.

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  • Help

    Broke leg. Needed physical therapy. Was told by Blue Cross and Blue Shield and Advance Sport and Spine after they verified my benefits No co-pay . Went 17 times and never asked for a co-pay. Now they sent me to collections and to small claims cou...

    Devon’s Answer

    Your rights depend on the specific language of your policy, and potentially any financial agreement you likely signed when you began therapy. If your insurer told you directly that your benefits were verified and no co-pay applied to this provider, I recommend filing a complaint with the Insurance Commissioner: http://www.insurance.wa.gov/complaints-and-fraud/file-a-complaint/insurance-company/ and that may help get it resolved before legal help is necessary. However, you may still have an obligation to pay the provider, then pursue reimbursement from BC/BS, again depending on the terms of any financial responsibility agreement you may have with them. An attorney can help you determine whether the provider's collection efforts are legally enforceable.

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  • In reference to an insurance claim, what is a "bad faith claim"?

    I just heard the term "bad faith claim". What does this mean?

    Devon’s Answer

    Bad faith refers to more than just an insurance company's refusal to pay. Bad faith is a cause of action (in other words, it is a basis for asserting a lawsuit) that arises when the insurance company fails to handle your claim in good faith. Bad faith includes wrongful and unreasonable denial of a claim; however, it is more than that. It also includes other breaches of the insurance company's good faith duties. For example, an insurance company has a duty to investigate your claim. If they fail to conduct a reasonable investigation, they've committed bad faith. If your policy is a liability policy, then the insurance company may have a duty to pay a lawyer to defend you. If so, and the insurance company refuses to pay for your defense, then this also may be bad faith. Acting unreasonably in adjusting a claim, and failing to communicate promptly with the insured may also be bad faith.

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  • I am a 1099 operating as a Sub S Corp. Am I covered under the insurance of the company I sub contract to?

    I do sales only of home improvement products, primarily to homeowners and businesses. The contracts are from the company I sub contract to. I do write up the estimates. I do not ever sign the contracts. If there is an error on the contract and...

    Devon’s Answer

    Most commercial general liability policies do not provide coverage to independent contractors. So, without a written agreement stating that the company will provide coverage for you, it would be unusual for you to have liability coverage under the other company's policy.

    You may be able to negotiate a contract with the other company where you are covered under their liability insurance, if their policy allows for it; however, the safest option is to purchase your own liability insurance, and depending on the industry, this can be very affordable.

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  • What do I do when the homeowners insurance company denies my claim ?

    In November 2012 , I called the Puget Sound Energy to restore a power outage at my home . Last month I received a bill from ESP for $ 3 , 556 for the repair work they did . They claimed the underground electric wire was damaged by the fence p...

    Devon’s Answer

    The insurer's obligation depends on what kind of insurance coverage you have. Property insurance covers damage to your own property. Almost all homeowner policies contain property coverage. A different kind of coverage is liability insurance, and that covers your liability when you owe money to a third party, such as PSE. Although many homeowner policies include liability coverage, not all policies do. So, the first step is to confirm whether your homeowner policy contains liability coverage.

    Then, you have to look at your deductibles. (In some policies, this is also referred to a self-insured retention.) Usually, your property deductible and liability deductible are two different amounts, so you have to figure out what your liability deductible is. In some policies, the liability deductible can be $5,000 or more. This means that the insurer does not pay claims worth less than $5,000 (such as a claim worth $3,556). So, it may be that there's no coverage because the claim amount is lower than your deductible.

    If you do have liability coverage, and your deductible is less than $3500, then the insurance company may still deny your claim if an exclusion in the policy applies. It is important to note that WAC 284-30-330 lists some reasons the insurance company is not allowed to deny your claim. In particular, an insurance company cannot deny your claim on the basis that someone else should pay, if the policy otherwise provides coverage. In addition, an insurer is required to provide a denial in writing, so be sure to get a letter from the insurer stating all of the reasons they are denying your claim.

    Regarding PSE's claim, you may have some defenses, particularly if the post was put in 10 years ago. These defenses are fact-specific, and an attorney can help you address whether certain defenses may apply. In the meantime, however, as the other attorneys have advised, it is important to continue asserting coverage with your insurance carrier and to keep them in the loop. If PSE does file a lawsuit against you, be sure to tender it to your insurer immediately by forwarding them a copy of all demand letters and lawsuit papers.

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  • House burned down next to our investment rental, and caused damage. Insurer refuses to pay.

    Our rental was damaged from fire next door. The insurer Farmers said they are not responsible because it was caused by tenant. We don't want to open a claim with our insurer, Allstate. Do we have recourse with Farmers insurance?

    Devon’s Answer

    This depends on the kind of insurance that Farmers provides. If Farmers provides property insurance to the neighboring property, then most likely, Farmers only provides coverage for the neighboring property itself. However, if there is some kind of liability coverage in place, that coverage may cover your claim against the neighboring renter or landlord. To obtain another person's liability insurance, you frequently have to make a claim, or at least a demand, against them. On the other hand, if you make your claim against your own property insurer and they cover it, that can be a much easier recovery for you, and your insurer will take care of the hassle of recovering from the neighboring landlord or tenant.

    Most people benefit most by filing a claim with their own insurer. I will note, however, that my experience with Allstate is that they are fairly good at paying claims, but then they frequently cancel coverage. But for most consumers, this isn't a problem because it is generally easy to find replacement coverage with another insurance company. Another consideration is that the loss may show up on your property's CLUE report and affect your premiums in the future. Your insurance agent can provide you with more information regarding the potential effect of a claim on your future premiums. You can read more about CLUE reports in the link in this answer.

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  • Can an insurance company sue me for a renter's insurance claim?

    Hi, I am a landlord of a small apartment building and an insurance company for one of my residents is trying to hit me up for the bill on a renter's insurance claim. The problem was a sewer line leak that damaged some of the residents items. ...

    Devon’s Answer

    When a renter's insurance company pays out on a claim, the insurer may be able to make a claim against the landlord to recover what was paid out. This is called a subrogation claim. Although you may have some defenses because you took care of the issue right away, the other insurance company may nevertheless make a claim against you.

    Your best bet is generally to turn over (aka "tender") the claim to your own liability (also called CGL) insurance company. Frequently, the two insurance companies can work it out on their own. If not, your insurance company may have an obligation to pay for an attorney to defend you against the other insurer.

    If you tender the claim to your insurer and your insurer denies you coverage, then an insurance coverage attorney like me may be able to help you obtain coverage.

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  • Is Terroism Coverage mandatory for Commercial building fire insurance for Washington States?

    We have been with this agent for more than 20years for our building coverage. But last few years, Terroism Coverage was included in our coverage. When we asked this be removed, we were not refunded full amount instead we were told as followes; ...

    Devon’s Answer

    WAC 284-20-010 requires that fire policies written in Washington have coverage at least as good as that set forth in the 1943 Standard New York Fire Insurance Policy. Although you can generally reject TRIA coverage for other risks (because TRIA coverage can be much broader than what is in the Standard Policy), you still must pay for your standard fire coverage.

    It sounds like your insurance company refunded that portion of the premium attributable to TRIA coverage, but kept the portion of the premium for fire coverage. This would be appropriate because you will continue to get the benefit of your fire coverage. The only way you would be refunded the full amount of your premium would be if you cancelled all of your coverages.

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  • Can I sue my insurance company to make them cover damage resulting from a tenant's legal/illegal activity?

    A tenant in our Oregon rental home presented us with a medical marijuana card and told us he would be growing some plants in the home (within the legal limit). We had no problems with him until several years later when he abandoned the property an...

    Devon’s Answer

    Every insurance policy is different, and so the answer depends on the precise language of your policy. Many attorneys, including myself, would be willing to review your policy at no cost and advise whether your claim is likely covered, and whether a claim against the insurance company is worth pursuing. I highly recommend reviewing your policy with an insurance recovery attorney to determine your rights under the policy.

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