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Insurance Extra-Contractual

State Farm Fire & Casualty Insurance Company

Extensive landslide damage to adjoining residences resulted in claim of coverage for loss to both neighboring properties and remedial work on insureds' own property and for extra-contractual damages in failing to acknowledge coverage and settle claim within limits. Settled. Lewis v. State Farm, et al., King County Superior Court, Washington

Fire loss with several hundred thousand-dollar claim for personal property. Claim for coverage and extra-contractual damages based on violations of insurance commissioner regulations on claim handling. Pending. Lauer v. State Farm, Clark County Superior Court, Washington

Metropolitan Property & Casualty Insurance Company

Auto accident resulting in serious injuries to multiple passengers in insured's vehicle. Insurer declined offer to settle for policy limits. Plaintiff and insured entered into confession of judgment, covenant not to execute and assignment of extra-contractual claims. Settled. Aurora v. Metropolitan, King County Superior Court, Washington

Extra-contractual claim for alleged delay in responding to UIM claim and for breach of claims handling practices. Pending. Porterfield v. Metropolitan, Whatcom County Superior Court, Washington

Crum & Forster Insurance Company

Petroleum distributor tendered pre-suit claim of environmental contamination. Insurer conducted lengthy investigation, prompting actions by the Washington State Department of Ecology and an adjoining property owner. Insurer initially provided a defense but later withdrew. Policyholder brought coverage and extra-contractual claims contending losses of approximately $9,000,000 in lost profits and distribution contracts. Case involved extensive motions and ultimately settled. Insurer then litigated claim by excess insurer who also asserted coverage and extra-contractual claims. Lilyblad Petroleum Corporation v. US Fire Insurance Company, U.S. District Court, Western District of Washington

Coverage and extra-contractual claim relating to nine sites in four states. Extra-contractual allegations related to failure to investigate, pay pre-tender defense costs and delay in accepting defense. Portions of the claim dismissed by motion. Remaining claims settled. Time Oil v. London Market Companies, et al., U.S. District Court, Western District of Washington; Pierce County Superior Court, Washington

Liberty Mutual Insurance Company

Policyholder asserted UIM claim that resulted in arbitration award substantially above UIM limit. Extra-contractual claim was initiated for misrepresentation of limits and violations of Washington State Insurance Commissioner regulations on failure to make adequate offer in clear liability case. Settled with motion to dismiss pending. Boccaccio v. Liberty Mutual Fire Insurance Company, Spokane Superior Court, Washington

American National Insurance Company

Policyholder involved in auto accident and tendered bills for medical treatment. Insurer allegedly delayed payment or acknowledgement of claim. Extra-contractual claims include injury from delayed treatment allegedly caused by delay of insurer in approving surgical procedure. Reference Case. Underwood v. American National Insurance Company, King County Superior Court, Washington

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