McCARTHY FINANCE, INC. v. PREMERA

No. 90533-9.

347 P.3d 872 (2015)

182 Wn.2d 936

McCARTHY FINANCE, INC., a Washington corporation; McCarthy Retail Financial Services, LLC, a Washington limited liability company; Hemphill Brothers, Inc., a Washington corporation; and its affiliates and subsidiaries, J.A. Jack & Sons, Inc., a Washington corporation, Lane Mt, Silica Co., a Washington corporation; Puckett & Redford, PLLC, a Washington professional limited liability company; and Annette Steiner, a single person; Respondents, v. PREMERA, a Washington corporation; Premera Blue Cross, a Washington Corporation; Lifewise Health Plan of Washington, a Washington Corporation; and Washington Alliance For Healthcare Insurance Trust, and its Trustee, F. Bentley Lovejoy, Petitioners.

Supreme Court of Washington, En Banc.

Decided April 2, 2015.


Attorney(s) appearing for the Case

Gwendolyn C. Payton , John R. Neeleman , Lane Powell PC, Kathleen M. O'Sullivan , Eric Grayson Holmes , Perkins Coie LLP Seattle, WA, for Petitioners.

Joseph Colbert Brown Jr. , J.C. Brown Law Office, PLLC, Cashmere, WA, Frank Raymond Siderius , Raymond Huber Siderius , Charles Richard Lonergan Jr. , Siderius Lonergan & Martin LLP, Randall W. Redford , Puckett & Redford, PLLC, Seattle, WA, for Respondents.

Christian Emile Mammen , Hogan Lovells U.S. LLP, San Francisco, CA, Vanessa O. Wells , Hogan Lovells U.S. LLP, Menlo Park, CA, for amicus counsel for National Association of Mutual Insurance Companies.

Christian Emile Mammen , Hogan Lovells U.S. LLP, San Francisco, CA, Vanessa O. Wells , Hogan Lovells U.S. LLP, Menlo Park, CA, for amicus counsel for Propery Casualty Insurance Association of America.

Kimberlee L. Gunning , Office of the Attorney General, Seattle, WA, for amicus counsel for Attorney General.


¶ 1 In Washington, health insurance premiums are approved by the Washington State Office of the Insurance Commissioner (OIC). Under the nationally recognized court created "filed rate doctrine," once an agency approves a rate, such as a health insurance premium, courts will not reevaluate that rate because doing so would inappropriately...

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