McCARTHY FINANCE, INC. v. PREMERA

No. 69848-6-I.

328 P.3d 940 (2014)

McCARTHY FINANCE, INC., a Washington corporation; McCarthy Retail Financial Services, LLC, a Washington limited liability company; Hemphill Brothers, Inc., a Washington corporation and its affiliates and subsidiaries, J.A. Jack & Sons, Inc., a Washington corporation, and Lane Mt. Silica Co., a Washington corporation; Puckett & Redford, PLLC, a Washington professional limited liability company; and Annette Steiner, a single person, Appellants, v. PREMERA, a Washington corporation, Premera Blue Cross, a Washington corporation, LifeWise Health Plan of Washington, a Washington corporation; and Washington Alliance for Healthcare Insurance Trust, and its Trustee, F. Bentley Lovejoy, Respondents.

Court of Appeals of Washington, Division 1.

June 23, 2014.


Attorney(s) appearing for the Case

Joseph Colbert Brown Jr. , J.C. Brown Law Office, PLLC, Cashmere, WA, Frank Raymond Siderius , Siderius Lonergan & Martin LLP, Randall W. Redford , Puckett & Redford, PLLC, Seattle, WA, for Appellant.

Gwendolyn C. Payton , Lane Powell PC, John R. Neeleman , Lane Powell PC, Kathleen M. O'sullivan , Perkins Coie LLP, Seattle, WA, for Respondent.


VERELLEN, A.C.J.

¶ 1 Although the Office of the Insurance Commissioner has broad regulatory authority, the Insurance Code, ch. 48.44 RCW, and the Consumer Protection Act (CPA), ch. 19.86 RCW, anticipate that policyholders may litigate CPA claims against insurers and their agents. Especially where the insurance commissioner declares he is unable to effectively regulate surplus levels maintained by nonprofit insurers, the filed rate, primary jurisdiction, and exhaustion...

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