Washington State's Insurance Commissioner, Deborah Senn, promulgated insurance regulations (the “Regulation") for the handling of environmental claims. Their purpose is to minimize costly and lengthy litigation and provide insurers and policyholders with standards of conduct: Although insurance companies agree with the underlying intent of the Regulation, there area number of provisions that appear likely to increase litigation. There are numerous vague and ambiguous terms in the Regulation which will require resolution within the court system. The Regulation is also inconsistent with Washington law on key substantive issues including the burden of proof pertaining to lost policy issues and the extent of an insurer's duty to defend. In addition, the imposition of onerous record‐keeping requirements on insurers presents a new burden and will likely result in increased premiums for the insurance‐buying public in Washington.