Legal Opinion

James E. Torina Fine Homes, Inc. v. Mutual of Enumclaw Insurance

Court of Appeals of Washington

Decided July 14, 2003No. 51019-3-IPublishedCited by 15 opinions

1Opinion of the CourtBaker, J.

James E. Torina Fine Homes, Inc., sued its insurer, Mutual of Enumclaw, alleging a Consumer Protection Act1 (CPA) claim for failure to make a good faith investigation of its insurance claim. The trial court ruled that bad faith was established as a matter of law, and that the insurer had thus committed a CPA violation. The court barred the carrier from asserting any defenses to coverage and awarded damages including prejudgment interest and attorney fees. Because the insurance carrier acted reasonably in investigating the claim, we hold that no bad faith claim was established. We reverse.

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2Cases cited17 opinions

  1. Hangman Ridge Training Stables, Inc. v. Safeco Title InsuranceWashington Supreme Court · 1986
  2. Industrial Indem. Co. of Northwest, Inc. v. KallevigWashington Supreme Court · 1990
  3. Truck Ins. Exchange v. VanPort Homes, Inc.Washington Supreme Court · 2002
  4. Transcontinental Ins. Co. v. WA. PUBLIC UTILITIES DISTRICTS'UTILITY SYSTEMWashington Supreme Court · 1988
  5. Truck Insurance Exchange v. VanPort Homes, Inc.Washington Supreme Court · 2002

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3Cited by15 opinions

  1. Ingenco Holdings, LLC v. Ace American Insurance CompanyCourt of Appeals for the Ninth Circuit · 2019
  2. Wright v. Safeco Insurance Co. of AmericaCourt of Appeals of Washington · 2004
  3. Hell Yeah Cycles v. Ohio Security InsuranceDistrict Court, E.D. Washington · 2014
  4. Rizzuti v. Basin Travel Service of Othello, Inc.Court of Appeals of Washington · 2005
  5. Rizzuti v. Basin Travel Service of Othello, Inc.Court of Appeals of Washington · 2005

10 more not listed; retrieve them via the Exa API.

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