SSB 5726 -
By Senator Brandland
NOT ADOPTED 03/13/2007
On page 2, beginning on line 34 of the amendment, after "benefits" strike all material through "48.30.010(2)" on line 35
On page 3, line 1 of the amendment, after "court" strike "shall" and insert "may"
On page 3, beginning on line 2 of the amendment, after "benefits" strike all material through "48.30.010(2)" on line 4
On page 3, line 5 of the amendment, after "fees and" insert "reasonable"
EFFECT: (1) Makes the award of attorneys' fees discretionary
instead of mandatory.
(2) Neither treble damages nor attorneys' fees are available for
violations of the applicable WACs that are not unreasonable denials of
coverage.
(3) A court may award only "reasonable" actual litigation costs to
prevailing plaintiffs.