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3. Briefing schedule. <br />Petitioners Clark County, Slagle, Davis and Northrop have filed their opening <br />briefs. Respondents — WCRP (`the Pool") and the excess and re -insurers — will file their <br />respondents' briefs on January 15. Assuming reply briefs are not inordinately delayed, <br />oral argument will likely be held in Spring term 2o16. <br />4. Give a concise and brief statement of the issues on which amicus <br />argument: is desired. <br />This case presents the issue of whether counties that cooperatively self -insure <br />through a statutory joint governmental self-insurance pool are subject to the tort <br />liability of commercial insurers or whether their obligations are based on statute and <br />their intergovernmental agreement, in particular with respect to the good faith duty to <br />defend under Washington insurance law and the related common lav that allows an <br />insured to freely assign bad faith claims against a commercial insurer in settlement of a <br />liability claim against the insured. <br />Because of the enormous disparity of bargaining power, Washington law provides <br />expansive statutory and tort remedies for an insured against commercial insurers. An <br />insured may settle a claim by consenting to entry of judgment in excess of policy limits <br />coupled with a covenant not to execute against the insured's personal assets in return <br />for an assignment of the insured's claims against the insurer for breach of its good faith <br />duty to defend, settle or indemnify its insured. An insurer that fails to act in good faith <br />may be liable on such assigned claims without regard to its contractual policy limits and <br />regardless whether the insurance policy prohibits assignment. Because of the public <br />interest in insurance, an insurer breaching a duty of good faith is liable to the insured <br />under the Consumer Protection Act and the Insurance Fair Conduct Act. <br />Counties that are self-insured, either individually or cooperatively through joint <br />governmental self-insurance pools, should not be held to these duties and subject to the <br />liabilities of commercial insurers, which are extensively regulated by the Insurance <br />Commissioner and owe quasi -fiduciary duties to their insureds. The Washington <br />Counties Risk Pool is nothing more than a cooperative of member counties who jointly <br />self -insure by determining the scope of liability coverage and exclusions, deciding <br />whether a particular claim is covered, and who remain jointly liable for the Pool's <br />obligations. <br />5. Give a brief statement as to whether and how the decision will broadly <br />affect Washington counties. <br />As joint governmental self-insurance pools are by statute, a form of self- <br />insurance, subjecting them to the common law liabilities and remedies applicable to <br />commercial insurers would dramatically expand the risks and liabilities faced by both <br />counties that are members of joint governmental pools and counties that individually <br />self -insure. Application of Washington's insurance bad faith law would subject the <br />member counties of WCRP to liability far in excess of what the members agreed to in <br />2 <br />WSAC Board of Director's Meeting February 3, 2016 Page 18 of 80 <br />