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TORINA FINE HOMES, INC. v. MUTUAL OF ENUMCLAW INS. CO.

No. 51019-3-I.

74 P.3d 648 (2003)

118 Wash.App. 12

JAMES E. TORINA FINE HOMES, INC., a Washington corporation, Respondent, v. MUTUAL OF ENUMCLAW INSURANCE COMPANY, a Washington corporation, Appellant.

Court of Appeals of Washington, Division 1.

Publication Ordered August 4, 2003.

Attorney(s) appearing for the Case

James M. Beecher, Hackett Beecher & Hart, Seattle, WA, for Appellant.

Gregory L. Harper, Stanislaw Ashbaugh LLP, Seattle, WA, for Respondent.

William R. Hickman, Reed McClure, Seattle, WA, for Other Party(s).

BAKER, J.

Torina Fine Homes sued its insurer, Mutual of Enumclaw, alleging a Consumer Protection Act1 (CPA) claim for failure to make a good faith investigation of its insurance claim. The trial court ruled that bad faith was established as a matter of law, and that the insurer had thus committed a CPA violation. The court barred the carrier from asserting any defenses to coverage, and awarded damages including prejudgment interest and...

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