Dryke v. American Family Mutual Insurance Company SI

1 THE HONORABLE JUDGE BENJAMIN H. SETTLE

UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON AT TACOMA SEAN DRYKE, a single man, No. 3:20-cv-05723-BHS 9 Plaintiff, v. STIPULATED MOTION OF LIMITED 10 D CI LS AM IMIS SS A L OF PLAINTIFF DRYKE’S AMERICAN FAMILY MUTUAL INSURANCE COMPANY, S.I., a foreign insurance company, NOTE ON MOTION CALENDAR: 12 August 31, 2021 13 Defendant.

14 COME NOW, the Parties, by and through their counsel of record, and respectfully move this Court, via stipulation, as follows: 16 I. STIPULATION 17 1. This is a first-party insurance coverage dispute, in which the Plaintiff, Sean Dryke 18 (“Plaintiff”), asserts claims for violations of the Insurance Fair Conduct Act 19 (“IFCA”) and the Consumer Protection Act (“CPA”), and bad faith. Defendant 20 American Family Mutual Insurance Company, S.I. (“American Family”) denies 21 any and all liability.

22 2. Plaintiff’s Complaint seeks relief in the form of judgment against American 23 Family, “for reasonable attorney fees, litigation and expert costs incurred in 24 WATHEN | LEID | HALL | RIDER, P.C.

222E S 1 prosecution this action against Defendant AMERICAN FAMILY pursuant to the 2 CPA, IFCA, Olympic S.S. CO., Inc. v. Centennial Ins. Co., 117 Wn.2d 37, 811 3 P.2d 673 (1991), and any other equitable remedies that may be available…” See 4 ECF 1-2 (Complaint) a pg. 17, ¶3.

5 3. Defendant American Family denies any claims, expressed or implied, contained 6 in Plaintiff’s Prayer for Relief. See ECF 6 at pg. 17:20-23.

7 4. The Parties stipulate and agree that an American Family policy of insurance 8 issued to Plaintiff Dryke (policy no.: 2374-9522-01-65-FPPA-WA) (hereinafter 9 “the Policy”) was in place on April 26, 2016. American Family admits that at the 10 time of the April 26, 2016 motor vehicle accident, the Policy provided for Medical 11 Expense and UIM coverages, subject to the terms and conditions of the Policy.

12 Specifically, the Policy provides for UIM coverage in the amount of 13 $100,000/$300,000 each person/each accident and Medical Expense coverage in 14 the amount of $100,000 each person. American Family has not and does not deny 15 the existence of coverage or the amount of available coverage.

16 5. The Parties stipulate and agree that American Family opened MedPay and UIM 17 claims on behalf of Plaintiff Dryke at his request. Plaintiff’s demand for binding 18 arbitration was made on October 9, 2019.

19 6. The Parties stipulate and agree that, “[t]he Olympic S.S. Co., rule applies only to 20 dispute over coverage, and not to disputes over the amount of a claim.” Gossett v. 21 Farmers Ins. Co., 133 Wn.2d.954,982, 948 P.2d 1264 (1997)(citing Dayton v. 22 Farmers Ins. Group, 124 Wn.2d 277, 280-81, 876 P.2d 896 (1994)). American 23 Family never denied coverage.

24 WATHEN | LEID | HALL | RIDER, P.C.

222E S 1 7. Accordingly, the Parties stipulate and agree that any claims of Plaintiff Sean 2 Dryke being alleged under Olympic S.S. CO., Inc. v. Centennial Ins. Co., are 3 hereby dismissed in whole with prejudice and without costs.

4 RESPECTFULLY SUBMITTED this 31st day of August 2021 at Seattle, Washington.

WATHEN | LEID | HALL | RIDER, P.C. s/ Kimberly Larsen Rider 7 Rory W. Leid, III, WSBA #25075 Kimberly Larsen Rider, WSBA #42736 8 Aaron A. John, WSBA # 56459 Attorneys for Defendant American Family 9 222 Etruria Street Seattle, WA 98109 10 Tel: (206) 622-0494 | Fax: (206) 587-2476 [email protected] | [email protected] 11 [email protected] URQUIA LAW, PLLC s/ Rafael Urquia (via email authorization 8/31/21) 14 Rafael Urquia, WSBA #40102 Attorney for Plaintiff Dryke 15 1135 Lawrence Street Port Townsend, WA 98368-6516 16 T: 360-390-4104 F: 360-390-4134 [email protected] 17 [email protected]

24 WATHEN | LEID | HALL | RIDER, P.C.

222E S 1 II. ORDER 2 PURSUANT TO AND IN CONFORMITY WITH the foregoing Stipulation, it is hereby ORDERED that Plaintiff Sean Dryke’s claims against Defendant American Family under Olympic S.S. Co., Inc. v. Centennial Ins. Co., are hereby DISMISSED in whole with prejudice and without costs.

6 Dated this 1st day of September, 2021.

A 9 BENJAMIN H. SETTLE United States District Judge Presented by: WATHEN | LEID | HALL | RIDER, P.C. s/ Kimberly Larsen Rider Rory W. Leid, III, WSBA #25075 Kimberly Larsen Rider, WSBA #42736 Aaron A. John, WSBA #56459 Attorneys for Defendant American Family 222 Etruria Street Seattle, WA 98109 Tel: (206) 622-0494 | Fax: (206) 587-2476 [email protected] | [email protected] | [email protected] Approved by: URQUIA LAW, PLLC s/ Rafael Urquia (via email authorization 8/31/21) Rafael Urquia, WSBA #40102 Attorney for Plaintiff 1135 Lawrence Street Port Townsend, WA 98368-6516 T: 360-390-4104 F: 360-390-4134 [email protected] [email protected] 24 WATHEN | LEID | HALL | RIDER, P.C.

222E S