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Insurer Reliance Solely on Its Hired Physicians Opinion Could be Bad Faith

When an insurer relied solely on its own physician's opinion, giving no weight to the insureds' treating physician, the court determined that the issue of bad faith should be decided by a jury.

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March 18, 2019 The Court of Appeals of Washington determined that not giving weight to the opinions of the insureds doctors when they opposed the insurer’s doctors was a decision made in bad faith. The case is Leahy v. State Farm Mut. Auto. Ins. Co., 3 Wash. App. 2d 613, 418 P.3d 175 (2018).

Shannon Leahy suffered some soft tissue injuries when her car was struck from behind. The other driver was at fault, but only had a $25,000 liability insurance limit that was split between 3 injured parties. Leahy only received $9,128.50 from the other drivers insurance. Leahy had insurance through State Farm with $25,000 in personal injury protection and $100,000 in UIM coverage. She received medical treatment for her injuries.

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