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MOELLER v. FARMERS INS. CO. OF WASHINGTON

No. 84500-0.

267 P.3d 998 (2011)

173 Wn.2d 264

David MOELLER, Respondent, v. FARMERS INSURANCE COMPANY OF WASHINGTON and Farmers Insurance Exchange, Petitioners.

Supreme Court of Washington, En Banc.

Decided December 22, 2011.

Attorney(s) appearing for the Case

Jill Diane Bowman , Stevan David Phillips , Stoel Rives LLP, Seattle, WA, for Petitioners.

Stephen Michael Hansen , Law Offices of Stephen M. Hansen, PS, Tacoma, WA, Elizabeth Cabraser , Scott P. Nealey , Lieff Cabraser Heimann & Bernstein, San Francisco, CA, Kenneth Wendell Masters , Shelby R Frost Lemmel , Masters Law Group PLLC, Bainbridge Island, WA, for Respondent.

James Elliot Lobsenz , Carney Badley Spellman, Seattle, WA, amicus counsel for American Insurance Association and Property Casualty Insurers Association of America.

Andrea Holburn Bernarding , Law Office of Andrea Holburn Bernarding, Seattle, WA, Michael Nelson , Kymberly Kochis , Jason M. Kurtz , Nelson, Levine, de Luca & Horst, LLC, New York, NY, amicus counsel for National Association of Mutual Insurance Companies

STEPHENS, J.

¶ 1 In this class action against Farmers Insurance Company of Washington and Farmers Insurance Exchange (Farmers), we must decide if a contract between an auto insurer and its insured provides coverage for the diminished value of a postaccident, repaired car. This case also requires us to consider whether the class here was properly certified. We affirm the Court of Appeals and hold that the policy language at issue allows recovery for diminution...

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