Wothers v. Farmers Insurance

An insured who is required under a policy to “bring suit” within one year of the date of loss does not comply with that requirement by the mere filing of the suit but without proper service of process within 90 days. We accord the same meaning to “bring suit” under the policy as to the term “commencement of an action” in CR 3 and RCW 4.16.170. Timely service did not occur here. The trial court’s order dismissing this action is affirmed. However, the record does not establish a proper basis for an award of fees and costs. The trial court erred in awarding fees and costs to the insurance…