King County v Travelers Indemnity Company et al

Filing 445

ORDER by Judge Barbara J. Rothstein denying Defendant Providence Washington Insurance Company's 295 Motion for Partial Summary Judgment. (PM)

Download PDF
1 2 3 4 5 6 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 KING COUNTY, 10 Plaintiff, 11 12 13 v. Civil Action No. 2:14-cv-01957-BJR TRAVELERS INDEMNITY CO., PROVIDENCE WASHINGTON INSURANCE CO., et al., 14 Defendants. ORDER DENYING DEFENDANT PROVIDENCE WASHINGTON’S MOTION FOR PARTIAL SUMMARY JUDGMENT 15 16 17 ORDER Defendant Providence Washington Insurance Company (“Providence”) moves for 18 19 20 summary judgment on bad-faith claims brought by Plaintiff King County. Providence argues that the County’s bad-faith claims fail as a matter of law because there is no underlying duty to 21 defend. Having already determined in its previous Order [Dkt. #444] that Providence breached 22 its duty to defend King County, the Court denies summary judgment on this basis. 23 24 Providence also asserts that the Court should grant summary judgment on King County’s “request for coverage by estoppel” on the County’s bad-faith claims. Dkt. 295 at 8. Coverage 25 by estoppel allows an insured in some circumstances to maintain an action against its insurer for bad faith “regardless of whether the insurer was ultimately correct in determining that coverage 1 1 2 did not exist.” Coventry Assocs v. Americans States Ins. Co., 961 P.2d 933, 937 (Wash. 1998). In other words, coverage by estoppel is an alternative bad-faith theory for policyholders who are 3 not able to prove an actual bad-faith breach. However, the Court has already determined that 4 Providence breached the duty to defend, making any estoppel argument irrelevant to the ultimate 5 disposal of King County’s bad-faith claims. Therefore, Providence’s Motion for Partial 6 Summary Judgment [Dkt. #295] is denied. 7 8 9 Dated this 13th day of February, 2017. 10 11 12 A 13 14 Barbara Jacobs Rothstein U.S. District Court Judge 15 16 17 18 19 20 21 22 23 24 25 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?