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How to Analyze the Tender of a Complaint in Washington State

Written by: Paul Mark Rosner

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Posted about 3 years ago. Applies to Washington, 1 helpful vote, 0 comments

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Get the Entire Policy

Make sure that you have a complete copy of the policy. It is best to use a certified copy of the policy if possible.

Read the Complaint

Carefully read the complaint. Does the complaint contain allegations that may fall within the insuring agreement of the policy? Do any exclusions clearly preclude coverage?

Extrinsic Evidence

If coverage is not clear from the face of the complaint but may exist, the insurer should investigate the claim and give the insured the benefit of the doubt in determining whether the insurer has an obligation to defend. Similarly, facts outside the complaint may be considered if (a) the allegations are in conflict with facts known to or readily ascertainable by the insurer or (b) the allegations of the complaint are ambiguous or inadequate. But an insurer should not deny a defense based upon extrinsic evidence.

Reservation of Rights/Declaratory Relief

In VanPort Homes the Washington Supreme Court stated that if there is any question whether the insurer must defend, it should defend under reservation of rights and file a declaratory action.

Consider Getting Legal Advice

Analysis of the duty to defend in Washington is complex. The consequences of a mistake are severe. This guide is not intended to provide legal advice, and, by its nature, greatly simplifies the analysis.