United Services Automobile Ass'n v. Speed

317 P.3d 532, 179 Wash. App. 184
CourtCourt of Appeals of Washington
DecidedJanuary 28, 2014
DocketNo. 43728-7-II
StatusPublished
Cited by19 cases

This text of 317 P.3d 532 (United Services Automobile Ass'n v. Speed) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United Services Automobile Ass'n v. Speed, 317 P.3d 532, 179 Wash. App. 184 (Wash. Ct. App. 2014).

Opinion

Maxa, J.

¶1 — Robert Speed appeals the trial court’s summary judgment dismissal of his duty to defend, duty to explore settlement and bad faith claims against United Services Automobile Association (USAA) arising from Speed’s allegation that a USAA insured had deliberately assaulted him in a road rage incident. Speed had filed suit against USAA as the assignee of the insured following entry of a stipulated judgment. We hold that (1) USAA had no duty to defend Speed’s claim under either the insured’s homeowners or auto insurance policies because the claim did not allege an “accident” as required for coverage under the policies, (2) USAA’s “uncertainty” whether to provide a defense did not create a duty to defend when the unambiguous claim allegations did not trigger such a duty, (3) in the absence of a duty to defend USAA had no duty to explore settlement, and (4) the trial court properly denied Speed’s bad faith claims. Accordingly, we affirm.

FACTS

Speed’s Claim

¶2 On March 2, 2009, Dennis Geyer and Speed were involved in an altercation and Speed suffered serious personal injuries. The State charged Geyer with second degree assault with a deadly weapon. On August 25, 2009, Speed’s attorney sent a demand letter to Geyer, seeking $650,000 to compensate Speed for his injuries. The letter described the incident as follows:

On March 2,2009, Mr. Speed and Dr. Geyer

Clerk’s Papers (CP) at 56-57. The letter stated that “[t]his case is aggravated by the intentional conduct of Dr. Geyer, including leaving Mr. Speed, potentially for dead, at the scene” and that “[w]ere this a case of negligence that was covered by insurance” Speed’s attorneys would be seeking a seven-figure verdict or settlement. CP at 61. The letter further stated that if Geyer agreed to pay the requested amount, Speed and his attorneys would recommend to the prosecutor that Geyer be allowed to plead guilty to a misdemeanor assault charge.

¶3 Geyer carried homeowners and auto insurance with USAA. On October 14, 2009, seven months after the incident, Geyer notified USAA of the incident and Speed’s claim. He requested coverage under both policies. By that date, the settlement offer in Speed’s demand letter, by its terms, already had been revoked. A USAA adjuster interviewed Geyer the next day, and Geyer’s statements suggested that he was claiming self-defense.

USAA’s Reservation of Rights and Investigation

¶4 In a letter dated October 19, 2009, USAA informed Geyer that “[t]he current facts of this incident give rise to potential coverage issues under both your automobile and homeowner’s policies” and that it was investigating his claim under a reservation of its right to deny coverage. CP at 210. With regard to the homeowners policy, the letter stated that the incident facts indicated that Speed’s injuries may not have been the result of an “occurrence” as defined in the policy because Speed alleged that Geyer had intentionally and deliberately struck him in the head. The letter [191]*191also stated that the policy may not provide coverage because of the intentional act exclusion. With regard to the auto policy, the letter stated that Speed’s claim might not be the result of an “auto accident” as defined in the policy and that the policy may not provide coverage under the intentional act exclusion. CP at 213-14.

¶5 USAA did not retain counsel to defend Geyer at this time and did not advise Geyer whether or not it believed that it had a duty to defend Speed’s claim. USAA apparently assumed that it had no duty to defend until a lawsuit was filed. However, USAA did undertake a liability and coverage investigation regarding Speed’s claim. USAA also informed Speed’s attorney that it had received notice of the claim and that “[a]ny pending claim(s) is unresolved because we continue to investigate coverage and liability in this matter.” CP at 566.

¶6 USAA continued to monitor and investigate Speed’s claim for the next several months. The trial on Geyer’s criminal charges occurred in February 2010. Geyer admitted that he had deliberately hit Speed but claimed he was acting in self-defense. A jury found Geyer guilty of third degree assault. Following the verdict, USAA obtained a coverage opinion from an attorney. In a May 5, 2010, letter, the attorney concluded that USAA should not have a duty to defend or provide indemnity for Speed’s claim but that the “safest course of action” would be to provide a defense under a reservation of rights. CP at 620.

Settlement Negotiations

¶7 On April 13, 2010, Speed offered to release Geyer from all claims if USAA would agree to pay the combined policy limits under Geyer’s homeowners and auto insurance policies, totaling $800,000. In a May 10, 2010, letter, USAA explained to Geyer why it would not pay the demand. USAA stated that it was unlikely that it had a duty to indemnify Geyer because Speed’s injuries were not caused by an accident or an auto accident and the policies excluded [192]*192coverage for an intentional or purposeful act. However, the letter also stated:

Although USAA is rejecting the demand, neither the rejection nor this letter should be read as a final denial of all policy benefits which might be available to you. Our previous letter of October 19, 2009, informed you that coverage is questionable. Since that date, we have received and reviewed the criminal trial transcripts, and coverage is still questionable.

CP at 81. USAA ultimately did make a $25,000 settlement offer, which Speed rejected.

¶8 On January 20, 2011, Geyer and Speed agreed to a settlement. Geyer stipulated to the entry of a $1.4 million judgment in exchange for Speed’s covenant not to execute the judgment against Geyer’s assets. Geyer also assigned all his potential breach of contract and bad faith claims against USAA to Speed.

Litigation

¶9 On January 24, 2011, USAA filed a complaint for declaratory judgment against Speed, seeking a declaration that it had no duty to defend or indemnify Geyer for the claim, was not estopped from denying coverage, and had no duty to pay the $1.4 million stipulated judgment. Speed counterclaimed, alleging that USAA acted in bad faith in failing to defend, properly investigate, or settle the Speed claim and that USAA violated the Insurance Fair Conduct Act (IFCA), chapter 48.30 RCW, and the unfair claims settlement practices regulation, chapter 284-30 WAC.

¶10 On February 8, 2011, Speed filed a separate personal injury complaint against Geyer, alleging that Geyer had negligently caused Speed’s injuries.

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Bluebook (online)
317 P.3d 532, 179 Wash. App. 184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-services-automobile-assn-v-speed-washctapp-2014.