Approval by Washington state voters of a measure increasing damages for bad-faith activity by an insurer would raise insurance rates for businesses and families up to $650 million annually, according to a research firm.

The study with that estimate from Milliman Inc. was sponsored by a group opposing Bill 5726, the Insurance Conduct Act, which was signed into law in May. It was placed on hold pending the outcome of Referendum 67, the ballot question on the measure.

Under 5726, a statutory right to sue an insurer for bad faith is established, the threshold for bad faith lawsuits against insurers is lowered, and carriers can face triple damages.

Milliman Inc. said it based estimates of the law's impact on the experiences of five states with similar laws-- Louisiana, Georgia, Oklahoma, Rhode Island and Texas. Researchers found that insurance premiums for Washington residents would go up due to added legal costs, costing consumers statewide as much as an additional $650 million annually for auto, homeowners and business policies.

According to Milliman, if the referendum does not pass, the average auto premium in the state for 2008 would go up $54, but it will rise by $130 if it is approved. For homeowners, it said the increase now projected as $38 and would go up by $91.

If the measure passes, Milliman predicts the average premium for each household in the state will be $351 rather than $146.

Milliman noted that its study follows a state Office of Financial Management analysis predicting R-67's passage will increase Washington insurance rates. The OFM analysis predicts government agencies will likely pay more for auto, property and liability insurance as a result of more lawsuits.

"If a state law is going to take money out of my pocket, I'd like it to pay for real needs, like more teachers for our schools or to fix our transportation problems," said Dana Childers, spokesperson for Consumers Against Higher Insurance Rates, which is leading the "Reject 67" campaign. "But all R-67 will buy is more frivolous lawsuits and higher insurance rates. Only trial lawyers benefit from more frivolous lawsuits."

Sue Evans, a spokesperson for the Approve 67 campaign, said that the Milliman study "assumes the insurance industry is actively engaged in treating consumers unfairly. It projects increased rates because the industry will illegally delay and deny legitimate claims."

She also faulted the study for inaccurately including third-party, bad-faith claims, which she said are not part of the measure being voted on in November.

According to Ms. Evans, campaign fundraising efforts by the opposition to the referendum are far outstripping advocates of the measure, "They are at $8 million; we're at about $800,000," she said.

Special Reports /

Milliman Says Wash. Bad Faith Bill Is Costly

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