NEWS & UPDATES

Background – Plaintiff “concede[d], for the purpose of this summary judgment motion only, most of the factual allegations set forth in Progressive’s motion,” except for “any allegation or assertion that states or implies, that in paying the $10,000 in PIP coverage and $25,000 in UIM coverage under Mercedes-Benzs policy, [Progressive] discharged Progressive’s contractual obligations under the policy it issued on the Mitsubishi Montero.”

Plaintiff is a Washington resident. He owns two vehicles, a 1987 Mercedes-Benz and a 1995 Mitsubishi–both of which are insured by Defendant under a common policy. The policy contains a PIP coverage limit of $10,000 and a UIM coverage limit of “$25,000 each person/$50,000 each accident.”

Opinion – Sweeney, J. — Ultimately, the parties to this suit are the homeowners and their insurance company. The suit follows a fire loss. A contractor sued the homeowners and their insurance company for failing to pay for a contractor’s repair work. The insurance company issued a check directly to the homeowners. The homeowners cashed the check but did not pay the contractor. So the insurance company wound up paying the contractor. The homeowners, nonetheless, sued the insurance company and alleged a number of causes of action. The superior court rejected all of them and summarily dismissed the homeowners’ suit. The superior court was correct and we affirm the summary dismissal.

Opinion – ORDER DENYING PLAINTIFFS’ MOTION FOR CONTINUANCE TO ALLOW FURTHER DISCOVERY AND GRANTING DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT

This matter comes before the Court on Defendant Navigators Insurance Company’s motion for partial summary judgment requesting dismissal of Plaintiff’s extra-contractual claims. Dkt. 12. Plaintiffs Dan Cardenas and Donna Cardenas dba A & D Construction & Roofing move for a continuance of the motion for summary judgment to allow further discovery. Dkt. 18. The Court has considered the pleadings in support and in opposition to the motions and the record herein.