PLEIN v. USAA CAS. INS. CO.

No. 97563-9.

463 P.3d 728 (2020)

Richard PLEIN, a married person, and Debra Plein (formerly Debra De Witt), a married person, and the marital community composed thereof, Petitioners, v. USAA CASUALTY INSURANCE COMPANY, an insurance company, Respondent, and The Sterling Group, Inc. (doing business as Sterling Group, DKI), a corporation, Defendant.

Supreme Court of Washington.

Filed May 21, 2020.


Attorney(s) appearing for the Case

Joel Hanson , Attorney at Law PLLC, 13540 Lake City Way Ne, Ste. 120, Seattle, WA, 98125-3665, Ian S. Birk , Keller Rohrback, LLP, 1201 3rd Ave., Ste. 3200, Seattle, WA, 98101-3052, Philip Albert Talmadge , Talmadge/Fitzpatrick, 2775 Harbor Ave. Sw, Third Floor, Ste. C, Seattle, WA, 98126-2138, for Petitioners.

Mick Anthony Jaeger , William W. Simmons , Lewis Brisbois Bisgaard & Smith LLP, 1111 3rd Ave., Ste. 2700, Seattle, WA, 98101-3224, for Defendant.

Robert Stewart McLay , Joshua Nathan Kastan , DKM Law Group LLP, 1700 7th Ave., Ste. 2100, Seattle, WA, 98101-1360, Brian Roger Davis , Attorney at Law, 1700 7th Ave., Ste. 2100, Seattle, WA, 98101-1360, for Respondent.


¶ 1 Richard and Debra Plein sued USAA Casualty Insurance Company, alleging insurance bad faith. The Pleins hired three attorneys, two of whom were members of the Keller Rohrback LLP lawfirm (Keller), to represent them. But Keller had previously defended USAA in bad faith litigation for over 10 years.

¶ 2 Under...

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