STAPLES v. ALLSTATE INS. CO.

No. 86413-6.

295 P.3d 201 (2013)

176 Wn.2d 404

John STAPLES, Petitioner, v. ALLSTATE INSURANCE COMPANY, Respondent.

Supreme Court of Washington, En Banc.

January 24, 2013.


Attorney(s) appearing for the Case

Daniel Ross Fjelstad , Scott Kinney & Fjelstad, Seattle, WA, for Petitioner.

Rory W. Leid , Midori Rachel Sagara , Cole/Wathen/Leid/Hall, P.C., Seattle, WA, for Respondent.

Bryan Patrick Harnetiaux , Attorney at Law, Spokane, WA, George M. Ahrend , Ahrend Albrecht PLLC, Ephrata, WA, Amicus Curiae on behalf of Washington State Association.


WIGGINS, J.

¶ 1 This case requires us to examine an insured's duty to cooperate with an insurer's claim investigation. The petitioner, John Staples, had his insurance claim denied for failure to cooperate — namely, failure to submit to an examination under oath (EUO). Staples sued his insurer for bad faith and related causes of action, but the trial court dismissed the case on summary judgment. We examine the record and, after answering three questions...

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