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BIRD v. BEST PLUMBING GROUP, LLC

No. 64291-0-I.

260 P.3d 209 (2011)

161 Wn. App. 510

Wash.App. 510

James A. BIRD, Respondent, v. BEST PLUMBING GROUP, LLC, Respondent, v. Farmers Insurance Exchange, Appellant.

Court of Appeals of Washington, Division 1.

Publication Ordered May 2, 2011.

Attorney(s) appearing for the Case

Jerret Sale , Deborah Carstens , Mathew Sekits , Janis C. Puracal , Bullivant Houser Bailey PC, Seattle, WA, Philip A. Talmadge , Sidney C. Tribe , Talmadge/Fitzpatrick, Tukwila, WA, Douglas G. Houser , Portland, OR, for Appellant.

Andrew Kinstler , Helsell Fetterman , A. Richard Dykstra , Stafford Frey Cooper , Seattle, WA, for Respondent Best Plumbing.

William C. Smart , Keller Rohrback , Seattle, WA, Jeffrey I. Tilden , Gordon Tilden Thomas & Cordell, Seattle, WA, Rick J. Wathen , Cole Lether Wathen & Leid Seattle, WA, for Respondent James Bird.

LAU, 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 and not the product of fraud or collusion. Besel v. Viking Ins. Co. of Wisconsin, 146 Wn.2d 730, 733,

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