Unofficial website about the WASHINGTON CITIES INSURANCE AUTHORITY, whose address is below
WCIA
320 Andover Park East, Suite 104

Tukwila, WA 98188
... where integrity appears optional
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WCIA violates law, contract, by-laws
  
So-called 'Authority' defies state's authority

.....One would think that a Washington Cities Insurance Authority, or "Authority," that has adjusted tens of thousands of claims since 1981 would have the process down pat. Yet, when it came to an admittedly meritorious claim presented by Kevin Murphy to the City of Kirkland as a former nine-year police officer, the sought damages of "no less than $711,245.26" seem to have caused a since-departed WCIA executive director and a still-serving general counsel to lose command of their senses.

.....Instead of the Authority's "claims team" adjusting the city-forwarded claim, as mandated by governing Washington "claims settlement" law and the statute-bound provision in the Authority contract that, as a "responsibility," WCIA will "provide claims adjusting services,"  now-gone executive director Lew Leigh simply "denied" the claim.  (The word "denied" is in quotation marks because, logically, per state law, a claim cannot be denied without adjusting it.)  

.....As this page's "smoking gun" sidebar (to the right) addresses, Authority general counsel Mark Bucklin participated in a hijacking of the claim in which, instead of allowing the claims team to adjust it, it was decided through unholy discussion that WCIA -- in violation of the Authority's by-laws and a holding of the Washington State Supreme Court --  would "defend against it."  Given that WCIA later acknowledged to Murphy that the fully supported $711K+ claim is both covered and meritorious, it's manifest that, had the Authority adjusted it (per law and contract), the Authority would have been obligated by Washington law to "effectuate prompt, fair and equitable settlement" (payment).
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"Authority general counsel Mark Bucklin
 participated in a hijacking  of the claim."

.....That didn't happen.  What did happen is that, (1) with Leigh, in violation of the WCIA by-laws, having assigned Bucklin as "defense counsel" to the city before the discussion that led to the claim's unlawful denial, and, thus, (2) before the so-called "denial" that unlawfully triggered compelled, WCIA-anticipated -- yet otherwise wholly unnecessary -- litigation by Murphy against the city, the fait accompli, court-abusing litigation earned more than $220K for Bucklin's namesake law firm, Keating, Bucklin & McCormack, for which, at the time, Bucklin was board chairman, president and managing shareholder.

To learn more about the outrageous conduct of Leigh and Bucklin,
follow the website's Skeletons link.

For a profile of Mark Bucklin, check out the site's Players link.

WCIA has failed to honor the former Board president's written promise to Murphy of remedial adjustment (settlement) of his never-adjusted claim.  Ass-covering dishonesty appears to reign supreme.


New director Ann Bennett unwilling to  facilitate righting of $711K+ wrong

  
She blows off Murphy's request for help

.....When Murphy's fourth public records request to WCIA unearthed the "smoking gun" letter addressed in this page's sidebar (to the right), he figured that Lew Leigh's successor as Authority executive director, Ann Bennett, as an 18-year veteran of that "pubic body," would welcome the opportunity to affirmatively intervene in the travesty of WCIA's roundly unlawful, contract-violating failure to adjust and settle (pay) a fully supported, covered, admittedly meritorious claim seeking "no less than $711,245.26" in damages for Murphy's wrongful constructive discharge by the City of Kirkland.

.....That thinking proved misplaced, however, because Murphy wrongly assumed that Bennett, as WCIA's executive director, would responsibly meet her duties to (1) faithfully serve the Authority's governing Board of Directors, (2) respect controlling Washington law, (3) abide by WCIA's contract and by-laws, and (4) protect the Authority's reputation and regulatory standing.  Instead, it seems that Bennett has put personal interests first and selfishly sustained the stonewalling cover-up begun by predecessor Leigh.  As revealed by documents that Murphy wrested from WCIA, Bennett herself is complicit in the "hijack and murder" of Murphy's claim.  As the Authority's then-deputy director for Claims, she allowed Leigh to toss the "rule book" out the window in sidelining her "claims team" (with its adjusters) so he could "deny" a never-adjusted claim that an Authority review later found to be clearly meritorious. 

.....As the record shows, Bennett was a party to multiple post-denial internal WCIA communications about the killed-off claim.  Given Bennett's plum appointment as Authority executive director, it seems that "going along to get along" can have very tangible benefits.   

.....Addressed in the sidebar to the right, the "smoking gun" WCIA letter wasn't unearthed by Murphy's records "mining" until October of last year (2013).  Since then, and with the unlimited "bro bono" assistance of an attorney brother who in 1980 graduated with honors from Harvard Law School, Murphy (1) thoroughly scrubbed all Washington law applicable to WCIA as a local government "risk pool," (2) reviewed and organized the myriad enlightening documents obtained from the Authority through his successive records requests, including the governing contact (interlocal agreement) and by-laws, and (3) produced the final draft of a complaint ("grievance") to the Washington State Bar Association (WSBA) about bar member and WCIA general counsel Mark Bucklin, who is also complicit in the claim's "denial."

        Because Murphy assumed, albeit wrongly, that Bennett would want to see things set right, he wrote and delivered a letter to her in which he notified her of his imminent complaint to WSBA about Bucklin.  With the letter chronicling the most egregious instances of WCIA law-breaking (and contract and by-laws violating) and including an enclosure of Authority-damning material from the draft complaint, Murphy invited Bennett to contact him regarding a letter-proposed meeting between the two. 

     Murphy viewed the meeting offer as a golden opportunity for Bennett to act in WCIA's best (i.e., legitimate) interests.  His letter advised her that the Bucklin complaint -- because it implicates the Authority in serious violations of state law -- would be provided under separate cover letters to Washington's insurance commissioner, risk manager, auditor and attorney general, each of whom has regulatory authority over WCIA.
 
"Given Bennett's plum appointment as WCIA executive director, it seems that 'going along to get along' can have very tangible benefits."

     The letter, with enclosure, points out that because Bucklin, as WCIA's general counsel, is, by state law, a "municipal officer," and because, by accepting Leigh's assignment of him as "defense counsel" to the City of Kirkland, Bucklin entered into a per se conflict of interest of his own making that resulted in his law firm (KB&M) earning more than $220K in Authority payments for legal services to the city. 

     As if that isn't outrageous enough, the letter notes that the subject assignment, which meets the statutory definition of a contract, (1) violated the WCIA by-laws, (2) positioned Bucklin to materially participate, which he did, in the Authority's statute- and contract-violating failure to adjust and settle (pay) a covered, meritorious $711K+ claim, and (3) resulted in the WCIA-anticipated, unlawfully compelled, otherwise wholly unnecessary, and court-abusing litigation that meant windfall profits for "chairman" Bucklin's KB&M. 

     And, going from outrageous to obscene, because the assignment was prohibited by Washington law as a conflict of interest, and because the otherwise unnecessary litigation was unlawfully compelled, the letter also notes that the Authority misspent $220K+ in public funds ("taxpayer dollars"), and it did so incident to a contract-violating,  statutorily "void" agreement.

     Bennett's response?  Dishonoring a written WCIA promise to Murphy and ignoring a readily available means of settling (paying) his admittedly meritorious claim, she sent him a self-serving, authority-exceeding, blow-off  email.  (See also Murphy's linked response.)
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"Ask yourself  how you would act were all the world looking at you, and act accordingly."

-- Thomas Jefferson

Contrary to law, contract and years of everyday practice, WCIA absurdly contends it has no obligation to adjust third-party claims.


'Smoking gun' discovered

.....It took a stroke of luck and a fourth public records request to obtain a telltale WCIA letter, and that "smoking gun" reveals why the Authority would rather have kept it secret.

.....The letter, written to state rusk manager Lucy Isaki, articulates the preposterous position that WCIA has no obligation to adjust citizens' damage claims against its 150-plus "risk pool" members, each of which is a local government entity, such as the City of Kirkland.


.....That position must come as quite a surprise to the Authority's many members given that they all signed a contract requiring the program's administrators to "provide claims adjustment services," for which the members pay sizable annual "assessments."

.....That come-lately, utterly bogus WCIA assertion, communicated in a "Sincerely" signed letter, is all the more bizarre given that the Authority adjusts more than 2,000 claims a year collectively submitted by its membership, with a large share of the claims coming from members of the public seeking compensation for government-caused damages.

.....Those are called "third party" claims because the claimants are not parties to the insurance contract, as are WCIA's member entities themselves.

.....The "adjustment" provision of the Authority contract is bound by Washington "claims settlement" law, which makes no distinction between first- and third-party claims regarding WCIA's obligation -- as routinely met by qualified adjusters -- to investigate them and seek prompt and fair settlement (payment) when liability is "reasonably clear."

A shockingly dishonest WCIA became  enmeshed in a self-spun web of deceit.

Developments:
Full views have links to cited letters and emails, indexed on the Documents page.


"Public Interest"
The below sections of the Revised Code of Washington illustrate the sentiment of the state legislature, acting on behalf of "the people."
The business of insurance is one affected by the public interest, requiring that all persons be actuated by good faith, abstain from deception, and practice honesty and equity in all insurance matters. Upon the insurer, the insured, their providers, and their representatives rests the duty of preserving inviolate the integrity of insurance.
RCW Section 48.01.030
Insurance
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The people of this state do not yield their sovereignty to the agencies that serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may maintain control over the instruments that they have created. This chapter shall be liberally construed and its exemptions narrowly construed to promote this public policy and to assure that the public interest will be fully protected. In the event of conflict between the provisions of this chapter and any other act, the provisions of this chapter shall govern.
RCW Section 42.56.030
Public Records Act

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