Monday, January 27, 2014 To view the full text of these opinions, please visit: http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.recent or Lexis subscribers may use the links below to access the cases on either lexis.com or Lexis Advance.
Division One of the Court of Appeals filed 2 new published opinions and announced the publication of 3 additional opinions on Monday, January 27, 2014:
1. GMAC v. Everett Chevrolet, Inc. / Ally Financial v. Reggans No. 68374-8 (January 27, 2014) 2012 Wash. App. LEXIS 2032 (lexis.com)
2012 Wash. App. LEXIS 2032 (Lexis Advance)
Areas: BUSINESS AND COMMERCIAL LAW; COURTS
Brief: There is no duty of good faith imposed on one who has a demand instrument to avoid exercising the right to demand payment of the obligation. The Court of Appeals grants discretionary review of the denial of the lender's motion for summary judgment on the borrower's bad faith counterclaim under RAP 2.3(b)(2) because the trial court committed probable error and the decision of the trial court substantially limits the freedom of the lender to act.
2. The-Anh Nguyen v. City of Seattle No. 69263-1 (January 27, 2014) 2014 Wash. App. LEXIS 198 (lexis.com)
2014 Wash. App. LEXIS 198 (Lexis Advance)
Areas: COURTS; GOVERNMENT RELATIONS AND ADMINISTRATIVE LAW; PERSONAL INJURY AND INSURANCE LAW
Brief: The plaintiff sued the City of Seattle for personal injuries and damages he sustained when the rented U-Haul truck he was driving struck a portion of a tree in a planting strip adjacent to to a city street. After a bench trial, the trial court entered judgment in favor of the city on a finding that the city breached no duty to maintain the roadway in reasonably safe condition and no act or omission by the city proximately caused the accident. The Court of Appeals affirms because substantial evidence supports the court's findings of fact and the findings support its conclusions of law.
3. Am. States Ins. Co. v. Delean's Tile and Marble, LLC No. 69634-3 (filed December 9, 2013; ordered published January 23, 2014) 2013 Wash. App. LEXIS 2793 (lexis.com)
2013 Wash. App. LEXIS 2793 (Lexis Advance)
Areas: PERSONAL INJURY AND INSURANCE LAW; PROPERTY AND LAND USE LAW
Brief: The defective repair work that the subcontractor performed on the townhouses falls within the plain language of its insurer's Multi-Unit and Tract Housing Residential Exclusion.
4. Ensberg v. Nelson No. 69644-1 (filed December 16, 2013; ordered published January 14, 2014) 2013 Wash. App. LEXIS 2837 (lexis.com)
2013 Wash. App. LEXIS 2837 (Lexis Advance)
Areas: PROPERTY AND LAND USE LAW
Brief: A seller of property does not breach the statutory warranty deed covenant against encumbrances and does not convey unmarketable title when, at the time of conveyance, the property is part of a homeowner's association and there is a judgment against the homeowner's association, but the owner of the property is not a judgment debtor, there is no lien against the property, and there is no evidence of the association's ability to assess the property owner to pay the judgment.
5. Johnson v. Safeco Ins. Co. of Am. No. 68029-3 (filed September 16, 2013; ordered published January 15, 2014) 2013 Wash. App. LEXIS 2182 (lexis.com)
2013 Wash. App. LEXIS 2182 (Lexis Advance)
Brief: Trial court did not err in dismissing the insured's claims against the insurer for breach of the insurance contract, bad faith, and violation of the Consumer Protection Act because the insured did not pay the premium on the policy and the plain and unambiguous language of the policy required payment of the premium in order to renew the policy.
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