 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Fichtner v. Mutual Enumclaw Insurance Co.3/27/2000
nder an insurance policy by offering substantially less than the amounts ultimately recovered in such actions or proceedings' is an unfair and deceptive act for which an insurer may be liable as a matter of law.
Assuming this code provision does provide a basis for the bad faith action, however, Fichtner has not shown that the total amount of her damages must be determined by arbitration, rather than by the jury that decides the bad faith issues. Her motion to compel arbitration should have been denied.
Attorney Fees
Fichtner argues that she is entitled to attorney fees for responding to the motion for discretionary review, pursuant to Olympic Steamship Co. v. Centennial Insurance Co., 117 Wn.2d 37, 811 P.2d 673 (1991). But Olympic S.S. authorizes an award of attorney fees only if the insured is required to litigate an issue of coverage, as opposed to the value of the claim. Price, 133 Wn. 2d at 497-98. Mutual of Enumclaw did not dispute coverage, and Fichtner sought arbitration only for a determination of the total amount of damages she incurred. She, therefore, is not entitled to her attorney fees for responding to the motion for discretionary review. The decision of the superior court is reversed. Fichtner is not entitled to an award of attorney fees.
|