Vario v. Allstate Fire & Casualty Insurance Company

Filing 31

STIPULATION AND ORDER Allowing Plaintiff to Amend the Complaint re parties' 29 Stipulation ; Plaintiff may amend his complaint as set forth in Exhibit A, signed by Judge Ricardo S Martinez. (SWT)

The Honorable Ricardo S. Martinez

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
Cause No.: 2:16-cv-01900

MICHAEL VARIO, an individual,
Plaintiff,

STIPULATION AND ORDER
ALLOWING PLAINTIFF TO
AMEND THE COMPLAINT

vs.
ALLSTATE FIRE & CASUALTY
INSURANCE COMPANY, a foreign
insurance company,
Defendant,
and
FIRST NATIONAL INSURANCE
COMPANY,
Intervenor.

STIPULATION
Pursuant to Rule 15(a) of the Federal Rules of Civil Procedure, Plaintiff Michael
Vario, Defendant Allstate Fire & Casualty Insurance Company (“Allstate”), and

STIPULATION & ORDER RE: AMEND COMPLAINT
NO. 2:16-cv-01900 – Page 1

Intervenor First National Insurance Company, by and through their respective attorneys,
stipulate and consent to the Plaintiff filing the amended complaint attached as Exhibit
A.
Under the amended complaint, Allstate is no longer the defendant in this action
and, instead, Intervenor, First National Insurance Company, is the defendant. Plaintiff
desires to amend his complaint because he has settled his claims with Allstate, but still
wishes to pursue his underinsured motorist claim against First National Insurance
Company. Concurrently with this stipulation, Plaintiff and Allstate filed a stipulation
and proposed order dismissing all of Plaintiff’s claims against Allstate with prejudice
and without fees and costs to either party.
STIPULATED and AGREED this 10th day of July, 2017.
FOX ROTHSCHILD LLP

By /s/ Bryan J. Case
Gavin W. Skok, WSBA #29766
Bryan J. Case, WSBA #41781
Attorneys for Allstate Fire and
Casualty Company

BILL COATS LAW, PLLC

By /s/ Bill Coats
Bill Coats, WSBA #24537
Attorney for Michael Vario

STIPULATION & ORDER RE: AMEND COMPLAINT
NO. 2:16-cv-01900 – Page 2

WILSON SMITH COCHRAN DICKERSON

By /s/ Morgan Smith
John M. Silk, WSBA #15035
Morgan Smith, WSBA #37954
Attorneys for First National Insurance
Company

ORDER
THIS MATTER having come before the undersigned on the foregoing
stipulation of Plaintiff Michael Vario, Defendant Allstate Fire & Casualty Insurance
Company, and Intervenor First National Insurance Company, and the Court being
fully advised of the same, it is hereby ORDERED that Plaintiff may amend his
complaint as set forth in Exhibit A.
DATED this 10 day of July, 2017.

A

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE
Presented by:
BILL COATS LAW, PLLC

By /s/ Bill Coats
Bill Coats, WSBA #24537
Attorney for Plaintiff
FOX ROTHSCHILD LLP

By /s/ Bryan J. Case
Gavin W. Skok, WSBA #29766
Bryan J. Case, WSBA #41781
Attorneys for Allstate Fire and Casualty
Company
WILSON SMITH COCHRAN DICKERSON
By /s/ Morgan Smith
Morgan Smith, WSBA
Attorneys for First National Insurance Company

STIPULATION & ORDER RE: AMEND COMPLAINT
NO. 2:16-cv-01900 – Page 3

EXHIBIT A
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

MICHAEL VARIO, an individual,
No. 2:16-cv-01900-RSM
Plaintiff,
FIRST AMENDED
COMPLAINT FOR DAMAGES

vs.
FIRST NATIONAL INSURANCE
COMPANY, a foreign insurance company,
Defendant.

COMES NOW the Plaintiff Michael Vario, through his attorney, Bill Coats of
Bill Coats Law, PLLC and alleges:
1. Plaintiff Michael Vario is a resident of Whatcom County, Washington.
2. Defendant First National Insurance Company (hereinafter “Safeco”) is an out-of-state
insurance company that does business in Washington State.
3. This action was originally filed by Plaintiff Vario in the Washington State Superior Court
for Whatcom County and named Allstate Fire & Casualty Insurance Company as
defendant. Allstate Fire & Casualty Insurance Company removed the case based on

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diversity of the parties to the United States District Court for the Western District of
Washington.
4. Defendant Safeco was granted leave to intervene.
5. Plaintiff Vario eventually settled his claims against Allstate Fire & Casualty Insurance
Company.
6. Defendant Safeco sold a policy of insurance to Plaintiff Vario which was in full force and
effect on May 12, 2014. The Safeco insurance Policy Number was H2187668 and
contained uninsured/underinsured (hereinafter “UIM”) benefits of $500,000 per person.
At all relevant times, Plaintiff Vario was an insured person and was covered under the
Safeco UIM policy.
7. This court has jurisdiction over the parties and over the subject matter of this action.
8. Venue is properly set in the United States District Court for the Western District of
Washington at Seattle.
9. Plaintiff Michael Vario was injured in an automobile collision which occurred in
Whatcom County on May 12, 2014.
10. A proximate cause of the collision was the negligence of Douglas McAcy.
11. Douglas McAcy had liability limits of $50,000.
12. On May 12, 2014, Michael Vario was a passenger in Heather MacKay’s Honda Accord.
They were traveling south on Interstate 5 in the left lane. Shortly before the accident,
while Heather MacKay’s Honda was in the left lane, Ms. Fattahi was driving her VW
Jetta in the right lane. Mr. McAcy, also in the right lane, was following very closely
behind Ms. Fattahi’s VW Jetta.

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13. Ms. Fattahi lost control of her VW Jetta, and it swerved from the right lane across the left
lane and into a ditch. Heather MacKay applied her brakes, slowed and was able to avoid
hitting Ms. Fattahi’s VW Jetta. If only Heather MacKay’s Honda and Ms. Fattahi’s VW
Jetta had been on the road, there would not have been a collision or any injuries.
14. However, Mr. McAcy was following too close to the WV Jetta for highway speed. When
Ms. Fattahi lost control, Mr. McAcy was only one to two car lengths behind, and so to
avoid crashing into her VW Jetta he swerved into the left lane and crashed into Heather
MacKay’s Honda. The collision caused Michael Vario injuries and other damages,
including neck surgery.
15. As a direct and proximate result of the negligent acts of underinsured motorist Douglas
McAcy, Michael Vario: a) sustained severe physical and mental pain and suffering and
injury and has sustained other general damages, including impairment of enjoyment of
life, disability and disfigurement; b) has been required to seek medical treatment and care;
c) has incurred lost wages; and d) has incurred expenses for essential services and for
transportation to medical appointments.
16. The total amount of damages caused by Mr. McAcy to Mr. Vario are in excess of
$150,000; the exact amounts to be proven at trial.
17. Michael Vario’s claim for payment of Safeco UIM benefits arises from the injuries and
damages he sustained as a result of the collision. Safeco stands in the shoes of the
underinsured driver, Douglas McAcy, for purposes of liability for Michael Vario’s
damages under the UIM coverage.
18. Mr. Vario is entitled to fair and reasonable compensation up to the $500,000 Safeco UIM
limits for the economic and non-economic losses caused by Mr. McAcy.
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19. Plaintiff’s damages exceed the $50,000 in liability limits available under the at-fault
driver’s automobile insurance policy and the $100,000 in UIM limits that were available
under Allstate Fire & Casualty Insurance Company. Allstate insured Heather MacKay,
the drive of the vehicle in which Plaintiff Vario was a passenger.
20. This is a contractual action for UIM benefits due to Plaintiff Vario as an insured with
Defendant Safeco.
21. Plaintiff made a UIM claim with Defendant Safeco.
22. Defendant Safeco denied the claim and refused to offer any payment under the applicable
UIM policy.
PRAYER
WHEREFORE, Plaintiff Michael Vario prays for judgment against the Defendant Safeco
as follows:
1. For payment of his valid claim for UIM benefits, calculated as Mr. McAcy’s liability for
Mr. Vario’s damages less a set-off of $150,000, and up to the UIM limits of $400,000.
Mr. Vario’s general and special damages include: a) reasonable and necessary hospital,
doctor and related medical treatment; b) general damages, including impairment of his
ability to enjoy life, mental and physical pain and suffering, disability and disfigurement;
c) lost wages; and d) essential services and transportation costs for attending medical
appointments;
2. For taxable costs and disbursements incurred; and
3. For such other and further relief as the Court deems just and proper.
DATED this ______ day of July, 2017.
BILL COATS LAW, PLLC
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NO. 2:16-cv-01900 – Page 7

BY: __________________________
Bill Coats, WSBA #24537
Attorney for Plaintiff Vario

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