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Date: 01-08-2024

Case Style:

Farbod Amini and Laman Amini v. Crestbrook Insurance Company

Case Number: 2:21-cv-01377

Judge: Kymberly K. Evanson

Court: United States District Court for the Western District of Washington (King County)

Plaintiff's Attorney:



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Defendant's Attorney: Seattle, Washington insurance defense lawyer represented the Defendant.

Description: Seattle, Washington insurance law lawyers represented the Plaintiff who sued the Defendant on bad faith breach of an insurance contract.

This case was filed in the Island County Superior Court, 21-00002-00277-1, and was removed to federal court by the Defendant.

Washington law provides protections for insureds against bad faith practices by insurance companies. Here's a breakdown of the key aspects:

Duty of good faith: Insurance companies in Washington have a duty of good faith and fair dealing to their insureds. This means they must:

Handle claims promptly and fairly.
Conduct a reasonable investigation of claims.
Offer fair settlement amounts based on policy terms.
Avoid arbitrary delays or denials of claims without justification.

Breach of duty: An insurance company can be considered in breach of their duty of good faith if they engage in conduct that is:

Arbitrary, capricious, or without probable cause: Denying, delaying, or undervaluing claims without a reasonable basis.
Misleading or fraudulent: Concealing information, denying coverage based on false pretenses, or engaging in other deceptive practices.
Vexatious or unreasonable: Engaging in conduct that causes emotional distress or unnecessary hardship to the insured.

Damages: If you can prove the insurer breached their duty of good faith and caused you damages, you may be entitled to compensation for:

Actual damages related to the denied or delayed claim: This could include medical expenses, property damage, and lost wages.
Statutory penalties: Up to three times the actual damages awarded (capped at $25,000).
Attorney's fees: The court may award attorney's fees to the insured in bad faith cases.
Emotional distress damages: Compensation for emotional distress caused by the insurer's actions.

Unique aspects of Washington law:

Washington Fair Conduct Act (IFCA): This law provides additional protections for insureds against unfair claim settlement practices.
Consumer Protection Act: The Consumer Protection Act can also be used to challenge bad faith insurance practices.
Comparative fault: Washington follows a comparative fault system, meaning your recoverable damages may be reduced if you were partially at fault for the denied claim.

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Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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