Washington Jury Verdict Finding Title Insurer Did Not Act in Bad Faith Affirmed
Summary: Plaintiff sued title insurer upon learning of burdensome recorded easement after purchase of property. Plaintiff sought recovery for breach of contract as well as under the Consumer Protection Act, The Insurance Fair Conduct Act, negligence, and breach of the duty of good faith. Prior to filing suit, Plaintiff sought $125,000 based on diminution in value of the property due to the easement. Title insurer accepted coverage but disagreed as to damage caused by the easement. Title insurer hired expert appraiser who determined diminution in value was $25,000 and title insurer immediately offered to pay that amount. Plaintiff then demanded $100,000 settlement. Title insurer then mailed check to Plaintiff for $25,000, which was rejected and returned by Plaintiff.