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GRIFFIN v. ALLSTATE INS. CO.

No. 46498-1-I.

29 P.3d 777 (2001)

L. Dennis GRIFFIN and Marilyn Griffin, husband and wife, and their marital community, Appellants, v. ALLSTATE INSURANCE COMPANY, an Illinois corporation, Respondent.

Court of Appeals of Washington, Division 1.

August 27, 2001.

Attorney(s) appearing for the Case

Pellegrino L. Certa, Thomas Lether, Clarke Bovingdon Cole, Mills Lether PC, Seattle, for Respondent.

Randall C. Johnson, Badgley-Mullins Law Group, Seattle, for Appellants.

ELLINGTON, J.

Subject to policy based defenses, an insurer is liable for fees and costs incurred before the insured tenders defense of a covered claim. We therefore reverse summary judgment for the insurer. Because questions of fact exist on bad faith and Consumer Protection Act claims, we also reverse summary judgment dismissal of those claims.

FACTS

L. Dennis...

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