Kirk v. Mt. Airy Ins. Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• citing, Greer v. Northwestern Nat’l Ins. Co., 109 Wn.2d 191, 202-03, 743 P.2d 1244 (1987)
• discussing a rebuttable presumption of harm for an 23 insurer’s bad-faith breach of contract and the remedy of coverage by estoppel
• questions of fact existed on bad faith and CPA claims; court noted that the CPA claims were \derivative of the bad faith claims\
• insurance bad faith estoppel, as the name implies, requires bad faith denial by insured
• “Once the insurer breaches an important benefit of the insurance contract, harm is assumed, the insurer is estopped from denying coverage, and the insurer is liable for the judgment.”
• “Although an insurer has a broad duty to defend, alleged claims which are clearly not covered by the policy relieve the insurer of its duty.”

Source: CourtListener parenthetical corpus (CC0).