Wendel v. Travelers Casualty & Surety Co. of America

MEMORANDUM

Appellant Robert G. Wendel, DMD, appeals the district court’s grant of summary judgment in favor Appellee Travelers Casualty and Surety Company of America (“Travelers”) on Dr. Wendel’s claim for breach of contract. Dr. Wendel also appeals the district court’s denial of his cross-motion for partial summary judgment on his breach-of-contract claim and motion for summary judgment on his bad-faith claim, and asks us to enter judgment in his favor. We review de novo motions for summary judgment. Family Inc. v. U.S. Citizenship & Immigration Servs., 469 F.3d 1313, 1315 (9th Cir.2006). Because the history and facts of this case are familiar to the parties, we recount them only to the extent necessary to explain our decision. Applying Washington law, we reverse.

I. Discussion

In November 2009, Dr. Wendel filed the instant lawsuit, alleging that Travelers breached their contract and acted in bad faith by refusing to defend him in a 2007 lawsuit brought by the estate of his former employee, Christa Yount. The Yount lawsuit accused Dr. Wendel of using his position of authority as Ms. Yount’s boss to carry on a three-year sexual relationship with her, and alleged that Ms. Yount…