WERLINGER v. WARNER

No. 53558-7-I.

109 P.3d 22 (2005)

126 Wash.App. 342

Heike WERLINGER, individually and as parent and guardian of Kayleigh Marion Werlinger, a minor; Tobin Walter Werlinger, a minor; and Brandy Marissa Werlinger, a minor, Appellants, v. Michael Wayne WARNER and Tara Lee Warner, husband and wife and the marital community composed thereof, and Does 1 Through 5, Respondents.

Court of Appeals of Washington, Division 1.

Publication Ordered March 10, 2005.


Attorney(s) appearing for the Case

Martin David Fox, Attorney at Law, Brent William Beecher, Attorney at Law, Seattle, WA, for Appellants.

Mark Elgin Olmsted, Attorney at Law, Portland, OR, Scott Michael Collins, Attorney at Law, Seattle, WA, for Respondents.


BECKER, J.

¶ 1 When a defendant whose liability insurer has acted in bad faith proceeds to make his own settlement with an injured plaintiff, the amount of that settlement may become the presumptive measure of damage in the bad faith lawsuit, but only if a trial court determines that the settlement is reasonable. In this case, a defendant insured with limits of $25,000 obtained a discharge in bankruptcy for his liability for a terrible automobile accident, and...

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