Key Takeaways
- Washington follows pure comparative negligence where fault is allocated among all parties
- Commercial general liability policies in Washington are subject to file and use rate regulation
- Washington has specific requirements for pollution liability disclosure
- Professional liability insurance requirements vary by profession
- Punitive damages may be insurable in Washington under certain circumstances
Last updated: January 2026
Washington General Liability Insurance
Washington has specific requirements for general liability insurance that agents must understand.
Comparative Negligence
Washington uses a pure comparative negligence system:
How It Works
- Fault is allocated among all parties
- Damages reduced by percentage of fault
- No minimum threshold to recover
- Even 99% at-fault plaintiff can recover 1%
Joint and Several Liability
Washington applies joint and several liability with modifications:
| Situation | Liability Rule |
|---|---|
| Multiple defendants | Each liable for their share |
| Intentional acts | May have full liability |
| Vicarious liability | Employer may be fully liable |
Commercial General Liability (CGL)
Washington CGL policies must comply with state requirements:
Required Elements
- Occurrence vs. claims-made coverage clearly disclosed
- Coverage territory defined
- Limits per occurrence and aggregate
- Defense costs inclusion/exclusion
- Pollution exclusion with disclosure
Rate Regulation
Under Washington's file and use system:
- Rates filed with OIC
- Take effect upon filing
- OIC can disapprove after review
- Must not be excessive, inadequate, or unfairly discriminatory
Professional Liability
Washington regulates professional liability for various professions:
State Requirements by Profession
| Profession | Requirement |
|---|---|
| Attorneys | Must disclose if no coverage |
| Architects | E&O may be required for projects |
| Engineers | E&O may be required for projects |
| Healthcare Providers | May be required by statute |
| Insurance Agents | Recommended but not mandatory |
| Real Estate Agents | Recommended but not mandatory |
Healthcare Professional Liability
Washington has specific medical malpractice provisions:
- Patient compensation regulations
- Expert witness requirements
- Statute of limitations provisions
Pollution Liability
Washington has environmental liability requirements:
Disclosure Requirements
- Pollution exclusion must be disclosed
- Environmental impairment liability options explained
- Underground storage tank regulations
- Cleanup cost coverage options
Washington Environmental Laws
- Model Toxics Control Act (MTCA)
- Cleanup requirements for contaminated sites
- Strict liability for hazardous substances
- Disclosure requirements for property sales
Punitive Damages
Washington treatment of punitive damages:
General Rule
- Punitive damages may be insurable in Washington
- Washington does not have a statute prohibiting insurance of punitive damages
- Courts have generally allowed coverage
- Policy language determines coverage
Considerations
- Check specific policy exclusions
- Intentional acts may not be covered
- Gross negligence may be covered
- Each policy must be reviewed individually
Test Your Knowledge
Under Washington's pure comparative negligence system, can a plaintiff who is 95% at fault recover any damages?
A
B
C
D
Test Your Knowledge
How are commercial general liability rates regulated in Washington?
A
B
C
D