21SA187 – Skillet v. Allstate

Summary

The court answered a certified question in the negative, holding that statutory claims for unreasonably delayed or denied insurance benefits may proceed against the insurer but not against an individual claims adjuster acting solely as the insurer’s employee. Applying de novo review and the statutes’ plain language in context and as a whole, the court concluded that the statutory references to an insurer’s authorization and payment of benefits establish insurer, rather than adjuster, liability. The case was returned to the federal district court for further proceedings.