Moeller v. Farmers Ins. Co. of Washington

¶34 (dissenting) — Today, the court strays from fundamental rules of contract interpretation and rewrites the parties’ insurance contract by applying principles of tort law instead of rules of contract construction. The insurance policy at issue plainly states that Farmers Insurance Company of Washington and Farmers Insurance Exchange (collectively Farmers) has the right to repair a damaged vehicle or provide monetary compensation to the insured, at its option. Nevertheless, parting company with the vast majority of courts that have considered this issue, the majority requires Farmers to…