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Date: 02-21-2023
Case Style:
Fidel Barraza v. State Farm Fire and Casualty Company
Case Number: 4:21-cv-00282-
Judge: Cliare V. Egan
Court: United States District Court for the Northern District of Oklahoma (Tulsa County)
Plaintiff's Attorney:
Defendant's Attorney: Jessica Lynn Dickerson and William J. Holland
Description: Tulsa, Oklahoma insurance law lawyer represented Plaintiff who sued Defendant on a bad faith breach of insurance contract theory claiming more than $75,000 in damages.
Insurance companies must conduct their relations with their insureds in good faith. RCW 48.01.030 states, "[t]he business of insurance is one affected by the public interest, requiring that all persons be actuated by good faith, abstain from deception, and practice honesty and equity in all insurance matters." 1 Washington Administrative Code (WAC) 284-30 covers unfair claims settlement and trade practices by insurance companies. The purpose of WAC 284-30 is, in part, to "define certain minimum standards which, if violated with such frequency as to indicate a general business practice, will be deemed to constitute unfair claims settlement practices." WAC 284-30-300. As the Court of Appeals noted, the unfair practices listed in WAC 284-30 include misrepresenting pertinent facts and refusing to pay without a reasonable investigation (WAC 284-30-330), failure to disclose all relevant policy provisions (WAC 284-30-350), and failure to state the specific grounds for denial of a claim (WAC 284-30-380). Coventry Assocs., 86 Wash.App. at 848-49, 939 P.2d 1245.
Coventry Associates v. American States Ins. Co., 136 Wn.2d 269, 961 P.2d 933 (Wash. 1998)
Outcome: 02/21/2023 89 ATTORNEY APPEARANCE by Paul David Kouri, I on behalf of Fidel Barraza [Note: Attorney Paul David Kouri, I added to party Fidel Barraza(pty:pla).] (Kouri, Paul) (Entered: 02/21/2023)
02/21/2023 90 First NOTICE OF APPEAL to Circuit Court (paid $505 appeal fee; receipt number AOKNDC-2763652) (Re: 84 Judgment,, Entering Judgment,,, 83 Opinion and Order,,,,,, Striking/Terminating Deadline(s)/Hearing(s),,,,,,,,,,,, Ruling on Motion in Limine,,,,,, Ruling on Motion to Exclude,,,,,,,,,,,,,,,,,,,,,,,, Ruling on Motion for Summary Judgment,,,,, ) by Fidel Barraza (Kouri, Paul) (Entered: 02/21/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: