Archive | Consumer Protection Act (CPA)

Undisclosed Adult Child Entitled to UIM Coverage

The Washington Court of Appeals recently issued an opinion in Patriot Gen. Ins. Co. v. Gutierrez, No. 32109-6-III, 2015 WL 773571 (Wash. Ct. App. Feb. 24, 2015), addressing whether an insured’s adult child was covered under an auto policy.  The insured failed to disclose the adult child on the insurance […]

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Washington Jury Finds Against Insurer on Negligence, CPA Claims

Last Friday, a jury sitting in the Western District of Washington in Cox v. Continental Cas. Co., No. C13-2288 MJP (W.D. Wash. Jan. 23, 2015), found an insurer acted negligently and violated the Washington Consumer Protection Act, awarding $16.5 million in damages.  We previously wrote about the Cox case last June […]

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No Bad Faith for Relying on IME per Washington Court

The U.S. District Court for the Western District of Washington recently issued an opinion addressing an insured’s claims for bad faith and violation of the Insurance Fair Conduct Act (IFCA) and Consumer Protection Act (CPA).  In Wilson v Austin Mut. Ins. Co., 2014 WL 3534053 (W.D. Wash., July 15, 2014), […]

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Statute of Limitations Bars Bad Faith and CPA Claims

On July 28, 2014, the Washington Court of Appeals issued an unpublished opinion in Momah v. Washington Cas. Co., Wash. Ct. App., Case No. 69456-1-I (July 28, 2014), analyzing the statute of limitations on an insured’s ability to sue a liability insurer under the Consumer Protection Act (CPA) and for […]

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Washington Court Addresses “First Party Insured” Requirement in IFCA

A Washington federal district court recently issued an opinion in Cox v. Continental Cas. Co., 2014 WL 2011238 (W.D. Wash. May 16, 2014).  The case addressed several extra-contractual insurance claims brought by a class of plaintiffs based on an assignment from the insured tortfeasor.  The court determined that the insured tortfeasor, […]

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UIM Claimant Not Entitled to Extra-Contractual Damages Per Washington Judge

The Western District of Washington recently issued an opinion in Beasley v State Farm Mut. Auto. Ins. Co., 2014 WL 1494030 (W.D. Wash. Apr. 16, 2014), addressing an insured’s extra-contractual claims following an uninsured motorist (UIM) claim.  After addressed the insurance claim’s tortured history, the court determined that all of […]

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Washington Court Holds Insurer Had Duty to Defend Property Owner as Additional Insured

A judge in the Western District of Washington recently issued an opinion in Seaway Properties LLC v Fireman’s Fund Ins. Co., 2014 WL 1612696, — F.Supp.2d — (W.D. Wash. Apr. 22, 2014), which addressed a property owner’s claim for defense and indemnity as an additional insured under its tenant’s insurance […]

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E.D. Washington Addresses Extra-Contractual Insurance Coverage Claims

The Eastern District of Washington recently issued an extensive opinion in Hell Yeah Cycles v Ohio Sec. Ins. Co., 2014 WL 1671491, — F.Supp.2d — (E.D. Wash. Apr. 28, 2014), addressing an insured’s claims for violation of the Washington Consumer Protection Act, violation of the Insurance Fair Conduct Act, and […]

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MLR Obtains Directed Verdict in Washington Bad Faith Trial

On April 16, 2014, Maloney Lauersdorf Reiner attorneys F.J. Maloney and Nick Thede obtained a directed verdict in favor of their client at the trial of Yamaguchi v. Farmers Ins. Co. of Wash., King County District Court, Cause No. 135-02038.  The trial involved claims of insurance bad faith and violations […]

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Washington Court Finds No Duty to Defend or Indemnify an Insured

On January 28, 2014, Division 2 of the Washington Court of Appeals issued an extensive opinion in United Services Auto. Ass’n v. Speed, Wash. Ct. of App., Div. 2, No. 43728-7-II (Jan. 28, 2014) discussing an insurance company’s duties to defend and indemnify an insured under homeowners and automobile insurance […]

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