HOWARD v. ROYAL SPECIALTY UNDERWRITING

No. 52160-8-I.

89 P.3d 265 (2004)

121 Wash.App. 372

Debra L. HOWARD, Respondent, v. ROYAL SPECIALTY UNDERWRITING, INC., Intervenor/Appellant, R.L. Alia Company, a Washington Corporation, Respondent.

Court of Appeals of Washington, Division 1.

April 26, 2004.


Attorney(s) appearing for the Case

Russell Charles Love, Thorsrud Cane & Paulich, Seattle, WA, for Appellant.

Simon Henri Forgette, Kirkland, WA, James Murray Kleist, William James Leedom, Bennett Bigelow Leedom PS, Michael John Murphy, Groff & Murphy PLLC, Howard Mark Goodfriend, Catherine Wright Smith, Edwards Seih Smith & Goodfriend PS, Frank Joseph Steinmark, Abbott Davis Rothwell Mullin & Earle PC, Seattle, WA, for Respondents.

Jerret E. Sale, Deborah Lynn Carstens, Bullivant Houser Bailey PC, Seattle, WA, for Amicus Curiae.


COLEMAN, J.

When an insurer refuses, in bad faith, to defend a claim brought against its insured, the insured may protect its interests by settling with the plaintiff and then seek recovery from the insurer in a bad faith action. The presumptive measure of the insured's damages in a bad faith action is the settlement amount, so long as the amount is reasonable and not the product of fraud or collusion. Besel v. Viking Ins. Co. of Wis., 146...

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