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ELLWEIN v. HARTFORD ACC. AND INDEM. CO.

No. 68230-5.

15 P.3d 640 (2001)

142 Wash.2d 766

Nancy ELLWEIN and Tom Ellwein, Petitioners, v. HARTFORD ACCIDENT AND INDEMNITY COMPANY, a Connecticut corporation d/b/a/ The Hartford, the insurance people of ITT, Respondent.

Supreme Court of Washington, En Banc.

Decided January 11, 2001.

As Amended January 18, 2001.

Reconsideration Denied March 7, 2001.

Attorney(s) appearing for the Case

Philip G. Arnold, Osborn Law Firm, Simeon Osborn, Susan Machler, Seattle, for Petitioner.

Ogden, Murphy & Wallace, Christopher A. Washington, Geoffrey J. Bridgman, Seattle, for Respondent.

Debra Stephens, Bryan Patrick Harnetiaux, Spokane, Amicus Curiae on Behalf of Washington State Trial Lawyers Association.

IRELAND, J.

Petitioners Nancy and Tom Ellwein seek review of the summary judgment dismissal of their claims of bad faith against Respondent Hartford Accident and Indemnity Company. At issue is whether Hartford acted in bad faith when handling the Ellweins' underinsured motorist claim. We hold that, with respect to Hartford's misappropriation of the Ellweins' accident reconstruction expert, Hartford did act in bad faith.

I. Facts

On November 28, 1989...

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