SITTON v. STATE FARM MUT. AUTO. INS. CO.

No. 49923-8-I.

63 P.3d 198 (2003)

Mindy SITTON, Jesus Bancaco, Iris Salter, Joanne Roose, Virgie Harris, individually, and on behalf of all others similarly situated in the State of Washington, Respondents, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a foreign insurer, Petitioner.

Court of Appeals of Washington, Division 1.

February 18, 2003.


Attorney(s) appearing for the Case

Peter Anthony Danelo, Daniel J. Dunne, Robin E. Wechkin, Kevin James Craig, Heller, Ehrman, White & McAuliffe, Seattle, for Appellant.

Patrick H. Lepley, Karen Kathryn Koehler, Lepley & Greig, PLLC, Bellevue; Bradley Jerome Moore, Michael E. Withey, Kessler, Stritmatter, Kessler, Whelan, Seattle; Keith Leon Kessler, Stritmatter, Kessler, Whelan, Withey & Coluccio, Hoquiam; Richard Friedman, Bremerton, for Respondents.


ELLINGTON, J.

This is a class action by State Farm insureds, who allege State Farm acted in bad faith to deny coverage for medical expenses. We granted discretionary review to determine whether the trial court erred in refusing to decertify the class, particularly in light of its adopted trial plan. We conclude the court did not abuse its discretion in granting class certification under CR 23(b)(3), but that certification...

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