Washington Insurance Guaranty Ass'n v. Ramsey
In Washington Insurance Guaranty Ass'n v. Ramsey, 922 P.2d 237 (Alaska 1996), the plaintiff in the underlying tort action initiated an action against the Washington Insurance Guaranty Association (WIGA) for breach of the duty to reasonably settle the underlying claim. See id. at 239.
The Alaska court determined that the WIGA Act imposed a statutory duty on WIGA to reasonably settle claims and therefore held that the immunity provision did not preclude an action for failure to settle a claim. See id. at 243.
The court reasoned that any action taken by the Association in violation of its duties, such as the duty to reasonably settle claims, was not an action taken pursuant to statutory authority warranting application of the immunity provision. See id. at 244.