Legal Opinion

Smith v. Safeco Insurance

Court of Appeals of Washington

Decided July 19, 2002No. 26721-7-IIPublishedCited by 7 opinions

1Opinion of the CourtMorgan, J.

The main question in this case is whether an insurer breaches the duty of good faith that it owes to its insured (as opposed to a third party claimant) by not complying with the demand of a third party claimant, made before any lawsuit is filed, for the disclosure of the insured’s policy limits. The answer is no under the circumstances present here.

In April 1997, a car driven by Janice Smith1 was rear-ended by a car driven by Linda Bryce. Smith was injured. Bryce had $100,000 of liability insurance through Safeco Insurance Company. Bryce disclosed her insurer but not her policy limits.

At a…

2Cases cited25 opinions

  1. Young v. Key Pharmaceuticals, Inc.Washington Supreme Court · 1989
  2. Tank v. State Farm Fire and Casualty Co.Washington Supreme Court · 1986
  3. Industrial Indem. Co. of Northwest, Inc. v. KallevigWashington Supreme Court · 1990
  4. Safeco Insurance Co. of America v. ButlerWashington Supreme Court · 1992
  5. Gaglidari v. Denny's Restaurants, Inc.Washington Supreme Court · 1991

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3Cited by7 opinions

  1. Smith v. Safeco Ins. Co.Washington Supreme Court · 2003
  2. Smith v. Safeco InsuranceWashington Supreme Court · 2003
  3. Sharbono v. Universal Underwriters InsuranceCourt of Appeals of Washington · 2007
  4. Moratti v. Farmers InsuranceCourt of Appeals of Washington · 2011
  5. Moratti Ex Rel. Tarutis v. Farmers Ins. Co.Court of Appeals of Washington · 2011

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