IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

FOR THE COUNTY OF [COUNTY]

[PLAINTIFF FULL LEGAL NAME], an individual,
    Plaintiff,

v.

[DEFENDANT INSURANCE COMPANY FULL LEGAL NAME], a [STATE OF INCORPORATION] corporation doing business in Washington,
    Defendant.

No. _

COMPLAINT FOR:
1. BREACH OF CONTRACT (INSURANCE POLICY)
2. COMMON-LAW INSURANCE BAD FAITH
3. VIOLATION OF THE WASHINGTON INSURANCE FAIR CONDUCT ACT (IFCA), WASH. REV. CODE § 48.30.015
4. VIOLATION OF THE WASHINGTON CONSUMER PROTECTION ACT (CPA), WASH. REV. CODE ch. 19.86
5. DECLARATORY RELIEF
6. INJUNCTIVE RELIEF (CLAIM PAYMENT)
7. ATTORNEYS’ FEES AND COSTS

JURY TRIAL DEMANDED

[// GUIDANCE: Insert case assignment/track designation information required by local rule, if any.]

TABLE OF CONTENTS

I. Parties ............................................................. 2
II. Jurisdiction & Venue ............................................... 2
III. Definitions ........................................................ 3
IV. Factual Allegations ................................................ 4
V. Causes of Action ................................................... 7
  Count 1 — Breach of Contract ....................................... 7
  Count 2 — Common-Law Bad Faith ..................................... 8
  Count 3 — Violation of IFCA ........................................ 9
  Count 4 — Violation of CPA ......................................... 11
  Count 5 — Declaratory Relief ....................................... 12
  Count 6 — Injunctive Relief ........................................ 13
VI. Damages ............................................................ 14
VII. Prayer for Relief ................................................. 15
VIII. Jury Demand ...................................................... 16
IX. Certification (Rule 11) ............................................ 16
X. Verification (Optional) ............................................. 17
XI. Signature Block .................................................... 18

I. PARTIES

1. Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is a resident of [COUNTY] County, Washington, and at all relevant times was the named insured under the Policy described herein.
2. Defendant [INSURER NAME] (“Defendant” or “Insurer”) is a [STATE] corporation authorized to transact insurance in Washington and, upon information and belief, maintains its principal claims-handling office for Washington matters at [ADDRESS].

[// GUIDANCE: If additional parties (e.g., adjusters, third-party administrators) are implicated, add subsections and jurisdictional allegations for each.]

II. JURISDICTION & VENUE

3. This Court has subject-matter jurisdiction under Wash. Const. art. IV, § 6 and RCW 2.08.010 because the amount in controversy exceeds $300 and the causes of action sound in contract and tort.
4. Venue is proper in this Court under RCW 4.12.025(1) because Defendant transacts business in this county and/or the loss occurred in this county.
5. Plaintiff has satisfied all contractual and statutory pre-suit notice requirements, including the 20-day written notice mandated by RCW 48.30.015(8)(a).

III. DEFINITIONS

For purposes of this Complaint, the following terms have the meanings set forth below:

“Bad Faith” means any unreasonable, frivolous, or unfounded failure by an insurer to fulfill its contractual duties of good faith and fair dealing toward its insured, including conduct violating WAC 284-30-330 et seq.

“CPA” means the Washington Consumer Protection Act, Wash. Rev. Code ch. 19.86.

“IFCA” means the Washington Insurance Fair Conduct Act, Wash. Rev. Code § 48.30.015.

“Loss” means the insured event occurring on or about [DATE OF LOSS], giving rise to Claim No. [CLAIM NUMBER].

“Policy” means Homeowners/Auto/Commercial Policy No. [POLICY NUMBER] issued by Defendant to Plaintiff, effective [POLICY PERIOD].

“Treble Damages” means exemplary damages up to three times actual damages as authorized by RCW 48.30.015(2) and RCW 19.86.090.

[// GUIDANCE: Add or delete terms consistent with policy type and factual circumstances.]

IV. FACTUAL ALLEGATIONS

A. Issuance of the Policy
6. On or about [DATE], Defendant issued the Policy to Plaintiff, promising to indemnify Plaintiff against specified losses in exchange for premium payments duly made.

B. Occurrence of the Covered Loss
7. On [DATE OF LOSS], Plaintiff sustained the Loss when [DESCRIPTION OF INCIDENT].
8. The Loss was sudden, accidental, and fell within the Policy’s insuring agreements; no exclusions apply.

C. Submission and Mishandling of the Claim
9. Plaintiff promptly notified Defendant and cooperated fully with all reasonable claim-handling requests.
10. Defendant nevertheless:
 a. Failed to conduct a reasonable investigation;
 b. Delayed coverage determinations beyond the time permitted by WAC 284-30-370;
 c. Misrepresented pertinent facts and policy provisions;
 d. Offered payment grossly inadequate to fully indemnify Plaintiff.

D. Statutory Notice
11. On [NOTICE DATE], Plaintiff sent Defendant written notice of the IFCA/CPA violations, demanding cure within 20 days as required by RCW 48.30.015(8). Defendant failed to remedy its misconduct.

E. Exhaustion/Compliance
12. All conditions precedent and subsequent to Defendant’s performance have been satisfied, waived, or excused.

[// GUIDANCE: Provide detailed chronology (adjuster communications, inspections, denials) to bolster bad-faith allegations.]

V. CAUSES OF ACTION

Count 1 — Breach of Contract (Insurance Policy)

13. Plaintiff realleges ¶¶1-12.
14. The Policy constitutes a valid contract.
15. Defendant materially breached the Policy by failing to pay covered benefits in full and on time.
16. As a direct and proximate result, Plaintiff has suffered damages in an amount to be proven at trial.

[// GUIDANCE: Include consequential damages (additional living expenses, lost profits) where applicable.]

Count 2 — Common-Law Insurance Bad Faith

17. Plaintiff realleges ¶¶1-16.
18. Washington law imposes on insurers an enhanced duty of good faith and fair dealing.
19. Defendant’s acts and omissions were unreasonable, frivolous, and unfounded, constituting bad faith.
20. Plaintiff is entitled to general, special, and emotional-distress damages, as well as attorney fees under Olympic Steamship Co. v. Centennial Ins. Co., 811 P.2d 673 (Wash. 1991).

Count 3 — Violation of IFCA, Wash. Rev. Code § 48.30.015

21. Plaintiff realleges ¶¶1-20.
22. Defendant unreasonably denied payment of benefits and/or violated WAC 284-30-330 et seq.
23. Pursuant to RCW 48.30.015(2), Plaintiff is entitled to:
     a. Actual damages;
     b. Treble damages up to three times actual damages; and
     c. Reasonable attorneys’ fees and litigation costs.

Count 4 — Violation of CPA, Wash. Rev. Code ch. 19.86

24. Plaintiff realleges ¶¶1-23.
25. Defendant’s unfair or deceptive acts in trade or commerce affect the public interest.
26. Plaintiff incurred injury in business or property as a result.
27. Under RCW 19.86.090, Plaintiff seeks actual damages, treble damages up to $25,000, and attorney fees.

Count 5 — Declaratory Relief

28. Plaintiff realleges ¶¶1-27.
29. An actual controversy exists regarding coverage obligations.
30. Plaintiff seeks a judicial declaration that the Policy obligates Defendant to fully compensate Plaintiff for the Loss.

Count 6 — Injunctive Relief (Claim Payment)

31. Plaintiff realleges ¶¶1-30.
32. Legal remedies are inadequate because delay in payment causes irreparable harm (e.g., property deterioration, credit damage).
33. Plaintiff requests a mandatory injunction compelling Defendant to pay all amounts due under the Policy.

VI. DAMAGES

34. Plaintiff seeks:
     a. Contract benefits in the principal amount of $[AMOUNT];
     b. Consequential and incidental damages;
     c. General and special damages, including emotional distress;
     d. Treble damages under IFCA and CPA;
     e. Pre- and post-judgment interest at the highest lawful rate;
     f. Attorneys’ fees and costs; and
     g. Such other relief as the Court deems just.

[// GUIDANCE: Insert punitive-damage placeholder if future statutory amendments allow traditional punitive relief in Washington.]

VII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendant as follows:

1. For all damages stated in § VI;
2. For declaratory relief as in Count 5;
3. For injunctive relief as in Count 6;
4. For costs and disbursements herein;
5. For a trial by jury on all triable issues; and
6. For such further relief as the Court deems equitable and just.

VIII. JURY DEMAND

Pursuant to Wash. Const. art. I, § 21 and CR 38, Plaintiff demands a trial by jury on all issues so triable.

IX. CERTIFICATION (CR 11)

The undersigned counsel certifies that he/she has read the foregoing pleading, that to the best of his/her knowledge, information, and belief formed after reasonable inquiry it is well-grounded in fact and warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose.

X. VERIFICATION (Optional)

I, [PLAINTIFF NAME], declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct to the best of my knowledge.

DATED: _, 20, at [City], Washington.

[PLAINTIFF NAME], Declarant

XI. SIGNATURE BLOCK

DATED: _, 20

Respectfully submitted,

[LAW FIRM NAME]

By: _________
[ATTORNEY NAME], WSBA No. [NUMBER]
Attorneys for Plaintiff
Address: [ADDRESS]
Phone: [PHONE]
Email: [EMAIL]

[// GUIDANCE: Confirm local e-service rules; add fax numbers if required; include additional counsel as needed.]