Hopkins v. Integon General Insurance Corporation
Filing
123
ORDER granting in part and denying in part Defendant's 95 Motion for Judgment as a Matter of Law and Limitation of Verdict on Plaintiff's UIM claim; granting in part Plaintiff's 96 Motion for Attorneys' Fees and Motion for Judgment Notwithstanding the Verdict. Signed by Judge Marsha J. Pechman. (PM)
Case 2:18-cv-01723-MJP Document 123 Filed 02/16/21 Page 1 of 14
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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DANIEL HOPKINS,
Plaintiff,
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CASE NO. C18-1723 MJP
v.
INTEGON GENERAL INSURANCE
CORPORATION,
ORDER DENYING IN PART
GRANTING IN PART
DEFENDANT’S MOTION FOR
JUDGMENT AS A MATTER OF
LAW AND LIMITATION OF UIM
VERDICT;
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Defendant.
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DENYING IN PART GRANTING IN
PART PLAINTIFF’S MOTION FOR
ATTORNEYS’ FEES AND
MOTION FOR JUDGMENT
NOTWITHSTANDING THE
VERDICT
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This matter comes before the Court upon Defendant’s Motion for Judgment as a Matter
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of Law and Limitation of Verdict on Plaintiff’s UIM claim (Dkt. No. 95) and upon Plaintiff’s
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Motion for Attorneys’ Fees and Motion for Judgment Notwithstanding the Verdict (Dkt. No. 96).
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Having read the Motions, the Responses (Dkt. Nos. 98, 100), the Replies (Dkt. Nos. 102, 104),
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the supplemental briefing (Dkt. Nos. 115, 116, 118), and the related record, the Court DENIES
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ORDER DENYING IN PART GRANTING IN PART DEFENDANT’S MOTION FOR JUDGMENT AS A
MATTER OF LAW AND LIMITATION OF UIM VERDICT; - 1
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in part GRANTS in part Defendant’s Motion and DENIES in part, GRANTS in part Plaintiff’s
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Motion.
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Background
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Plaintiff, Daniel Hopkins, brought this case against his insurer, Defendant Integon
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General Insurance Corporation, after he was rear-ended by another driver in 2016. The other
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driver’s policy with Progressive Insurance Company was limited to $25,000, which Progressive
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paid to Plaintiff for his injuries. (Dkt. No. 78 at 3.) But when Plaintiff began experiencing
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severe vertigo shortly after the accident, exacerbated by a traumatic brain injury he sustained
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from a previous car accident, he understood that he would require additional coverage from
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Integon, who insured Plaintiff under an underinsured motorist (“UIM”) policy.
The severity of Plaintiff’s injury was contemplated by his neurologist, Dr. Carolyn
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Taylor, who evaluated Plaintiff after the accident. Dr. Taylor noted “[t]he impact [of the
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collision] did cause an inner ear disturbance resulting in new gravitational vertigo due to damage
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to the inner ear utricle.” (Trial Ex. 6 at 2.) She concluded that Plaintiff suffered from
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“[r]ecurrent post-concussive symptoms likely as a result of his brain’s inability to compensate as
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well because of his fatigue from the vertigo, or he may actually have sustained another mild
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concussion.” (Id.)
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On March 26, 2018, Plaintiff submitted a request to Defendant for payment of his UIM
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policy limit of $250,000. Integon’s claims’ adjustor, Mary Gordon, summarized her first
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conversation with Plaintiff’s attorney in a note in Plaintiff’s claim file: “Main injury is vertigo,
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which his attorney relates will not improve, according to his neurologist.” (Trial Ex. 1 at 28.)
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Ms. Gordon understood that because of Plaintiff’s prior brain injury “he was a potential
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eggshell,” or someone who is more susceptible to injury. (Dkt. No. 109 at 79:1-2.) In an email
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to her supervisor on April 17th, 2018, Ms. Gordon wrote: “His attorney claims that he’ll never
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return to his pre-collision status, and his neurologist said it may never resolve but hopes it will
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continue to improve.” The following week, Ms. Gordon offered $17,340, telling Plaintiff’s
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lawyer that Integon “was not considering any permanency.” (Dkt. No. 109 at 35:3-6; Trial Ex. 1
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at 23.) Plaintiff rejected Integon’s offer and once again demanded the policy limits.
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Integon then searched for a doctor who would conduct an independent review of
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Plaintiff’s medical situation, asking for a recommendation from one of Integon’s defense
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attorneys. (Dkt. No. 109 at 40:5-13.) According to the claims file, the defense attorney told Ms.
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Gordon that in his experience doctors will not agree to review the records in a traumatic brain
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injury case without meeting with the patient because “[r]ecords won’t show them what they need
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in order to provide an opinion.” (Dkt. No. 109 at 57:10-58:1; 60:7-8.) When Ms. Gordon asked
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the defense attorney “if there’s any downside to having an [in person medical exam], if that’s the
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route we choose to go,” his response was “not really, other than if you do an [in person medical
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exam], you’ll have to share it with [Plaintiff].” (Id. at 62:21-25.) On the other hand, Ms. Gordon
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noted that if Integon only did a records review, “we don’t have to give it to [Plaintiff] or tell
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[him] who we consulted with.” (Id. at 63:3-4.) Integon hired neurologist Dr. Roman Kutsy who
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agreed to provide an opinion without evaluating Plaintiff in person. Dr. Kutsy concluded that
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with physical therapy Plaintiff could recover from his injuries within three months. (Dkt. No.
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109 at 74:15-19; Trial Ex. 1 at 13.) After receiving Dr. Kutsy’s report, Integon extended a
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second offer to Plaintiff, this time for $40,000. (Dkt. No. 109 at 75:4-8.)
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On October 16, 2018, Plaintiff filed suit in King County Superior Court. Defendant
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removed the matter to this Court on November 30, 2018. Following a seven day jury trial
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beginning on October 5, 2020, the jury returned a verdict in favor of Plaintiff on his claim for
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benefits under his UIM policy in the amount of $751,491; his Consumer Protection Act (“CPA”)
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claim in the amount of $16,931; and his claim that Defendant acted in bad faith in the amount of
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$180,231. (See Dkt. Nos. 92-94.) The jury also found that Defendant did not violate the
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Insurance Fair Conduct Act (“IFCA”) or act with negligence. (Id.)
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Discussion
I.
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Defendant’s Motion for Judgment as a Matter of Law and Limitation of UIM
Verdict
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A. Judgment as a Matter of Law
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Defendant moves for judgment as a matter of law on Plaintiff’s CPA Claim, arguing that
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the jury’s award of unpaid medical bills and expert witness fees was improper as neither
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category is compensable under the CPA. (Dkt. No. 95.)
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1. Medical Expenses
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To begin, Plaintiff’s unpaid medical bills are compensable under the CPA, as the
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Washington Supreme Court has held that “the deprivation of contracted-for insurance benefits is
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an injury to ‘business or property’ regardless of the type of benefits secured by the policy.”
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Peoples v. United Servs. Auto. Ass’n, 194 Wash. 2d 771, 779 (2019). While Integon argues that
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the Peoples holding applies only to the PIP claims at issue in that case, the Court’s analysis
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rooted the plaintiffs’ injuries in the insurer’s violation of their rights under the insurance
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contract:
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An insured, therefore, has a legally protected property interest in benefits due
under the contract and a related right to insurance dealings free from bad faith.
Claims mishandling and wrongful denial of benefits invade this property interest,
regardless of the type of event that triggers coverage.
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Id. at 780. Defendant has failed to explain why Plaintiff’s UIM policy does not afford him the
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same property interest in benefits due.
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Integon also argues that Plaintiff cannot demonstrate that its denial of benefits is the “but
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for” cause of Plaintiff’s medical expenses because these expenses were covered by the $25,000
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from Progressive and $10,000 in PIP coverage from Integon. (Dkt. No. 116 at 5.) But Plaintiff
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incurred the $931 in unreimbursed medical expenses after these payments were made. (See Dkt.
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No. 118 at 5 (citing Dkt. No. 55, Ex. 1).) As determined by the jury, Integon’s offers in
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combination with the Progressive payment and the PIP coverage were insufficient to compensate
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Plaintiff for his injuries and medical expenses. There is nothing to indicate, therefore, that these
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payments covered all future medical expenses. Plaintiff has established that Integon’s failure to
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pay the UIM benefits caused his out-of-pocket medical expenses, which are compensable under
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the CPA. See Peoples, 194 Wash. 2d at 781 (“[T]o the extent proved, the plaintiffs may recover
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actual damages, including out-of-pocket medical expenses that should have been covered[.]”)
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Finally, Integon argues that Plaintiff waived his right to recover unreimbursed medical
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expenses by conceding in response to Integon’s present motion, “that medical expenses are not
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recoverable under the CPA.” (Dkt. No. 98 at 3 n. 2.) Because the Washington Supreme Court
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has held otherwise, see Peoples, supra, Plaintiff quickly corrected the mistaken concession in the
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hearing on the motion (Dkt. No. 113), and Defendant had an additional opportunity to brief
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Plaintiff’s argument after the retracted concession (Dkt. No. 116), the Court declines to hold
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Plaintiff to a concession that was contrary to the law, especially where Integon has not
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demonstrated any prejudice.
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2. Expert Witness Fees
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Integon argues that the fees for Plaintiff’s expert, Steven Strzelec, are not compensable
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under the CPA because Plaintiff did not hire Mr. Strzelec until after filing this lawsuit. Integon
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relies on Lock v. Am. Family Ins. Co., 12 Wash. App. 2d 905, 928 (2020), where the court held
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that “[i]nvolvement in prosecuting a CPA claim is insufficient to show injury to business or
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property.” Plaintiff argues that Integon relies on a false dichotomy between investigation and
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litigation, especially where Mr. Strzelec was only able to fully investigate Plaintiff’s claim once
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Integon produced materials through discovery and it was only this investigation “that confirmed
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Mr. Hopkin[s’] belief that Integon had violated the CPA.” (Dkt. No. 118 at 9.)
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This Court has held that expert witness fees constitute “harm” under the CPA where the
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insured demonstrates the fees are the result of the insurer’s “unfair or deceptive practices.” Wall
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v. Country Mut. Ins. Co., 319 F. Supp. 3d 1227, 1235 (W.D. Wash. 2018) (citing Coventry v.
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American States Ins. Co., 136 Wash.2d 269, 281-83 (1998)). In this case, there was evidence
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that Integon was not fully transparent with Plaintiff (see Dkt. No. 109 at 62:21-25 (Integon’s
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claims’ adjustor discussing the benefits of hiring a doctor who would conduct a records-only
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review: “we don’t have to give [the results] to [Plaintiff] or tell [him] who we consulted with”),
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the Court therefore finds persuasive Plaintiff’s argument that Mr. Strzelec was only able to fully
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evaluate Plaintiff’s claim after the discovery process.
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The remainder of Integon’s argument—that expert fees are not compensable at all under
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the CPA—has been addressed by this Court on three previous occasions and is contrary to
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Washington law. (See Dkt. Nos. 37, 67, 88.) The Court will not address this argument again
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here.
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B. Limitation of UIM Verdict
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Integon also moves to decrease the jury’s verdict on the UIM benefits claim to the
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contractual limits of $250,000. (Dkt. No. 95 at 7.) Plaintiff concedes that in the first party UIM
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context, an award for benefits cannot exceed the UIM policy limits. (Dkt. No. 98 at 7.) The
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Court therefore reduces the judgment to the policy limit of $250,000 on Plaintiff’s UIM benefits
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claim.
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II.
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Plaintiff asks the Court to (1) amend the judgment to find Defendant violated IFCA, (2)
Plaintiff’s Motion for Judgment Notwithstanding the Verdict
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treble the IFCA damages, (3) treble the damages under the CPA up to the $25,000 limit, (4)
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award reasonable attorneys’ fees and expenses pursuant to Olympic Steamship or the CPA, (5)
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apply a lodestar multiplier between 1.5 and 2.0 to Plaintiff’s attorneys’ fees, and (6) award
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prejudgment interest and costs. Defendant objects to each request.
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A. IFCA Violation
Pursuant to Federal Rule of Civil Procedure 59(e), Plaintiff moves to alter the jury’s
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judgment that Defendant did not violate IFCA. “‘Since specific grounds for a motion to amend
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or alter are not listed in the rule, the district court enjoys considerable discretion in granting or
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denying the motion.’” Allstate Ins. Co. v. Herron, 634 F.3d 1101, 1111 (9th Cir. 2011) (quoting
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McDowell v. Calderon, 197 F.3d 1253, 1255 n.1 (9th Cir.1999) (en banc) (per curiam)). “But
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amending a judgment after its entry remains ‘an extraordinary remedy which should be used
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sparingly.’” Allstate, 634 F.3d at 1111 (quoting McDowell, 197 F.3d at 1255 n.1).
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The jury valued Plaintiff’s UIM benefits claim at $750,000, more than 18 times
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Defendant’s highest offer to Plaintiff. (Dkt. Nos. 92-94.) Plaintiff argues that Defendant’s offer
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was therefore “unreasonably low” as a matter of law, which constitutes an IFCA violation.
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While courts in this district “have concluded that the ‘payment of benefits’ prong of IFCA covers
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scenarios where an insurer makes an unreasonably low offer” Heide v. State Farm Mut. Auto.
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Ins. Co., 261 F. Supp. 3d 1104, 1107 (W.D. Wash. 2017); see also Kovarik v. State Farm Mut.
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Auto. Ins. Co., No. C15-1058-TSZ, 2016 WL 4555465, at *2 (W.D. Wash. Aug. 31, 2016), the
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Court finds that the difference between Integon’s offer and the jury’s valuation is insufficient
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evidence that the jury erred, and does not justify the “extraordinary remedy” of reversing the
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jury’s judgment.
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While Plaintiff asks the Court to find damages caused by the IFCA violation in the same
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amount as the jury’s award for Integon’s violation of good faith, “[c]laims under IFCA are
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similar to, but not identical with, related bad faith or Consumer Protection Act (CPA) claims.”
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Cmt., Insurance Fair Conduct Act, 6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI
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320.06.01 (7th ed.). This is apparent when evaluating the elements of an IFCA violation, which
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requires Plaintiff to prove the insurer “unreasonably denied payment of benefits” (Jury
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Instruction No. 22 (emphasis added)), whereas the claim for failure to act in good faith requires
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Plaintiff to prove that Integon’s “conduct was unreasonable, frivolous, or unfounded” (Jury
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Instruction No. 23 (emphasis added)). The jury could therefore have determined that Integon’s
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offer was unfounded without determining that its conduct was unreasonable. The jury’s finding
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that Integon was not negligent is additional evidence that the jury determined Integon’s conduct
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was something less than unreasonable. The Court therefore DENIES Plaintiff’s motion to amend
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or alter the judgment.
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III.
Treble CPA Damages
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Plaintiff asks the Court to treble the Jury’s award of $16,931 to the statutory maximum of
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$25,000. Such an award is within the Court’s discretion and “may not exceed twenty-five
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thousand dollars [$25,000.00].” N. Seattle Health Ctr. Corp. v. Allstate Fire & Cas. Ins. Co., No.
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C14-1680JLR, 2016 WL 1643979, at *5 (W.D. Wash. Apr. 26, 2016) (citing Edmonds v. John L.
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Scott Real Estate, Inc., 942 P.2d 1071, 1081 (Wash. Ct. App. 1997); RCW 19.86.090). While
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Integon’s claims’ adjustor concluded “[if Plaintiff’s] injury complaints are substantiated, it’s
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very possible this case could potentially be worth the policy limits,” Integon inexplicably “did
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not consider permanency” in making an initial offer to Plaintiff, disregarding the opinions of
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Plaintiff’s treating physicians. (Trial Ex. 1 at 23; Dkt. No. 109 at 79:1-2.) When Integon’s first
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offer was challenged, Integon sought out a doctor who would offer an opinion on Plaintiff’s
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condition without evaluating him in person, even after being warned by Integon’s own defense
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attorney that most doctors will not offer an opinion without meeting with the patient because
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“[r]ecords won’t show them what they need in order to provide an opinion.” (Dkt. No. 109 at
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57:10-12; 60:7-8.) Nevertheless, Integon found such a doctor, noting that in case Integon did not
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approve of the doctor’s opinion, “we don’t have to give it to [Plaintiff] or tell [him] who we
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consulted with.” (Id. at 63:3-4.) In light of this conduct, and Plaintiff’s role in uncovering it, the
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Court finds Plaintiff is entitled to treble damages of $25,000, the maximum allowable amount
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under the CPA.
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IV.
Attorneys’ Fees
1. Olympic Steamship Fees
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Plaintiff contends he is entitled to attorneys’ fees as the prevailing party on his breach of
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contract claim, pursuant to Olympic Steamship Co. v. Centennial Ins. Co., 117 Wn.2d 37, 52-54
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(1991), where the Washington Supreme Court held that an insured should be awarded attorneys’
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fees “in any legal action where the insurer compels the insured to assume the burden of legal
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action, to obtain the full benefit of his insurance contract, regardless of whether the insurer’s
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duty to defend is at issue.” Id. at 54. Where the insurer does not deny coverage, but disputes the
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proper value of the claim, however, attorneys’ fees are not warranted under Olympic Steamship.
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Pinney v. Am. Family Mut. Ins. Co., No. C11-175 MJP, 2012 WL 584961, at *5 (W.D. Wash.
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Feb. 22, 2012)).
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In this case, Plaintiff has conceded that Integon accepted coverage immediately, and “[i]n
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response to Plaintiff’s demand for the policy limits of $250,000, Defendant offered $17,340.00
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on April 24, 2018.” (Dkt. No. 78, Pretrial Order, Admitted Facts, ¶ 17.) It is therefore clear that
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this litigation concerns a dispute over the value of Plaintiff’s claim and Olympic Steamship fees
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do not apply.
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2. Pursuant to the CPA
Plaintiff seeks to recover all attorneys’ fees and expenses pursuant to the CPA, while
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Integon argues he can only recover those fees directly related to his CPA claim. While Integon
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cites cases involving a CPA claim and a variety of other claims (see Dkt. No. 100 at 9 (citing
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Sing v. John L. Scott, Inc., 83 Wash. App. 55, 72 (1996), rev’d on other grounds, 134 Wash. 2d
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24 (1997))), in cases involving the claims at issue here—breach of the insurance contract, bad
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faith, negligence, and violation of the CPA—courts have found the work done in support of the
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CPA claim could not be separated from that of the other claims. See, e.g., Miller v. Kenny, 180
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Wash. App. 772, 824 (2014) (where the Court found the several causes of action involved “a
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common core of facts and circumstances, in which the time devoted to discovery, pretrial
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motions and preparation and trial of this intertwined action cannot be reasonably segregated”);
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see also MKB Constructors v. Am. Zurich Ins. Co., 83 F. Supp. 3d 1078, 1089 (W.D. Wash.
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2015) (finding it was not possible to segregate time spent on claims for breach of contract,
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violation of IFCA, and bad faith from the CPA claims: “The court cannot say, for example, that
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MKB would have spent less time in depositions, crafting written discovery questions or
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responses, or at trial, if MKB had never asserted its CPA claim.”).
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Here, each of Plaintiff’s claims involves the same set of facts surrounding Integon’s
conduct and the extent of Plaintiff’s injuries. Further, many of the witnesses overlapped between
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the UIM and extra-contractual claims. (Dkt. No. 45 at 4.) Without the CPA claim, Plaintiff
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would still have had to conduct depositions regarding Integon’s claims’ handling process, review
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the claims file, and hire expert Steven Strzelec, actions also required to prove elements of his
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CPA claim including Integon’s deceptive acts or practices. The Court cannot say, therefore, that
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Plaintiff would have spent less time in depositions, on discovery, or at trial, if he had never
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asserted his CPA claim. The Court therefore finds that Plaintiff is entitled to recover his
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attorneys’ fees pursuant to the CPA.
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3. Reasonableness of Fees
Defendant challenges the reasonableness of Plaintiff’s requested fees, arguing: (1)
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Plaintiff’s CPA fees have not been segregated and (2) counsel’s rates are unreasonable. As
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discussed above, the Court finds that work performed on Plaintiff’s CPA claims cannot be
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reasonably segregated from work performed on other claims. The Court therefore analyzes
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whether the requested rates for Plaintiff’s attorneys are reasonable and finds that that they are.
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District courts have broad discretion to determine the reasonableness of fees. Gates v.
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Deukmejian, 987 F.2d 1392, 1398 (9th Cir. 1992). A determination of reasonable attorney fees
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begins with a calculation of the “lodestar,” which is the number of hours reasonably expended on
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the litigation multiplied by a reasonable hourly rate. Mahler v. Szucs, 135 Wash.2d 398, 433-34
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(1998). Integon has conceded that Plaintiff’s requested rates for his paralegal, intern, and legal
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assistant are reasonable (Dkt. No. 116 at 13 n.5), but objects to Plaintiff’s requested hourly rates
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for his attorneys. (Id. at 12.) Plaintiff requests $575 an hour for attorneys Michael Wampold,
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Ann Rosato, and Felix Luna, and $500 an hour for attorney Thomas Gahan.
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The Court finds these rates are commensurate with the work performed in this matter and
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is not persuaded otherwise by the few hand-picked cases selected by Integon where the attorneys
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were awarded less. This is especially so where Integon has not provided a tally of its own fees, a
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telling indication of the reasonableness of Plaintiff’s request. See Miller, 180 Wash. App. at 821.
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Further, the Court approved an hourly rate of $550 for Mr. Wampold and $450 for Ms. Rosato
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and Mr. Luna nearly six years ago (see Dkt. No. 119, Ex. 4); Cox v. Cont'l Cas. Co., No. C13-
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2288 MJP, 2015 WL 3844270, at *7 (W.D. Wash. June 19, 2015), aff'd in part, vacated in part
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on other grounds, 703 F. App’x 491 (9th Cir. 2017), and has awarded fees at higher hourly rates
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for attorneys of comparable or even lesser experience and skill.
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The Court also finds that Plaintiff’s attorneys may apply their current hourly rates to all
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work performed in this matter. While Integon concedes that the Washington Supreme Court
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allows “using current rates or adjusting historic rates to account for inflation to compensate
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attorneys for delay in payment,” it contends that such adjustment is only permissible in the
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“context of public litigation, but not for a dispute between two private parties.” (Dkt. No. 100 at
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13 (citing Fisher Properties, Inc. v. Arden-Mayfair, Inc., 115 Wn. 2d 364, 376-77 (1990).) But
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Washington courts have been explicit that “private prosecution of Consumer Protection Act
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violations is backed by public policy.” Miller, 180 Wash. App. at 826. And “[t]he legislature
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has expressly declared that the insurance business is one ‘affected by the public interest.’”
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Peoples, 194 Wash. 2d at 778.
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4. Multiplier
Plaintiff requests that the Court apply a 1.5 to 2.0 multiplier to his attorneys’ fees award.
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Typically, the quality of work performed will not justify an enhancement because “in virtually
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every case the quality of the work will be reflected in the reasonable hourly rate.” Bowers v.
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Transamerica Title Ins. Co., 100 Wash.2d 581, 599 (1983). The Court finds that Plaintiff has
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failed to justify a multiplier here. Much of the egregious conduct Plaintiff contends justifies the
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multiplier—for example, Integon’s “regular[] assert[ion] of improper defenses and arguments”
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(Dkt. No. 96 at 5)—can alternatively be described as advocacy on behalf of a client. And
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Plaintiff points to no other factors that indicate this matter was the rare occasion that justifies a
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multiplier. Plaintiff’s request is DENIED.
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5. Prejudgment Interest
Plaintiff seeks prejudgment interest on his UIM breach of contract claim. Under
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Washington law, “[a] party is entitled to prejudgment interest where the amount due is
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‘liquidated.’” Unigard Ins. Co. v. Mutual of Enumclaw Ins. Co., 160 Wash.App. 912, 925
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(2011) (citing Weyerhaeuser Co. v. Commercial Union Ins. Co., 142 Wash.2d 654 (2000)). “A
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liquidated claim is one where the evidence furnishes data ‘which, if believed, make it possible to
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compute the amount due with exactness, without reliance on opinion or discretion.’” Unigard,
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160 Wash. App. at 925 (quoting Weyerhaeuser, 142 Wash.2d at 685.) Plaintiff’s UIM claim is
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not liquidated. The jury was tasked with determining the extent of Plaintiff’s injury and its effect
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on his life going forward, such effects cannot be computed with exactness. Further, although the
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claim was for the policy limit, a set amount, the jury’s verdict could have been any amount up to
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the policy limit of $250,000, including no award. Because the UIM award was uncertain until
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the jury returned its verdict, Plaintiff is not entitled to prejudgment interest.
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Conclusion
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In conclusion, the Court holds:
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(1) Defendant’s Motion for Judgment as a Matter of Law Regarding Plaintiff’s CPA
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Claim and Limitation of Verdict on UIM Benefits (Dkt. No. 95) is DENIED in part
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GRANTED in part:
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a. Defendant’s Motion is DENIED as to Plaintiff’s CPA claim;
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DENYING IN PART GRANTING IN PART PLAINTIFF’S MOTION FOR ATTORNEYS’ FEES AND MOTION
FOR JUDGMENT NOTWITHSTANDING THE VERDICT - 13
Case 2:18-cv-01723-MJP Document 123 Filed 02/16/21 Page 14 of 14
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b. Defendant’s Motion is GRANTED as to the limitation of benefits claim.
Plaintiff’s UIM benefits claim is limited to $250,000.
(2) Plaintiff’s Motion for Fees and Motion Notwithstanding the Verdict on IFCA (Dkt.
No. 96) is DENIED in part GRANTED in part:
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a. Plaintiff’s Motion Notwithstanding the Verdict on IFCA is DENIED;
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b. Plaintiff’s request for treble damages under the CPA is GRANTED and
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Plaintiff is awarded the statutory maximum of $25,000 on his CPA claim;
c. Plaintiff’s Motion for attorneys’ fees is GRANTED:
i. The Court finds that Plaintiff’s attorneys’ fees for his CPA claim
cannot be reasonably segregated from his remaining fees;
ii. The requested hourly rates of Plaintiff’s attorneys are reasonable;
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d. Plaintiff’s request for a fee multiplier is DENIED;
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e. Plaintiff is not entitled to prejudgment interest.
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The clerk is ordered to provide copies of this order to all counsel.
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Dated February 16, 2021.
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A
Marsha J. Pechman
United States Senior District Judge
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DENYING IN PART GRANTING IN PART PLAINTIFF’S MOTION FOR ATTORNEYS’ FEES AND MOTION
FOR JUDGMENT NOTWITHSTANDING THE VERDICT - 14
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