WERLINGER v. CLARENDON NAT. INS. CO.

No. 55009-8-I.

120 P.3d 593 (2005)

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, and the Estate of Dean Werlinger, Appellants, v. CLARENDON NATIONAL INSURANCE COMPANY, a corporation doing business in the State of Washington, Respondent.

Court of Appeals of Washington, Division 1.

Publication Ordered September 29, 2005.


Attorney(s) appearing for the Case

Martin D. Fox, John Gorell, Seattle, WA, for Appellants.

Scott M. Collins, Cole Lether Wathen & Leid PC, Seattle, WA, for Respondent.


BAKER, J.

¶ 1 Dean Werlinger died at the scene of a vehicle accident caused by Michael Warner. The Werlinger estate sued Warner for wrongful death. Warner was protected from personal liability due to a discharge in bankruptcy, but the bankruptcy court permitted the Werlingers to sue Warner for the $25,000 limits of his automobile insurance policy with Clarendon National Insurance Company. The Werlingers, as Warner's assignees, sued Clarendon for bad faith after...

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