Despite this, the judge would not grant either side a summary judgment on the couple’s remaining allegations, including that the insurer acted in bad faith and violated Washington laws by offering “substantially less” in repair and mitigation costs for the fire damage than the couple was ultimately awarded through their appraisal.
However, Judge Pechman said there are “material facts in dispute” as to whether the insurer’s offers to the couple were actually fair and reasonable, including claims that Homesite refused to cover necessary repairs.
Although these issues will be left for a jury to decide, the judge did note the following: “While Homesite claims that it has never disputed coverage, there does appear to be a dispute both about the scope of coverage and whether Homesite has improperly refused to pay for certain damages, including, for example, the cost of mitigation.”
Following the appraisal award in May, Homesite was ordered to pay the Bennetts approximately $152,000 for those costs following the appraisal award, according to court records.
