Susan Parker v. Allstate Insurance Company

MEMORANDUM

Susan Parker appeals the district court’s grant of summary judgment to her insurer, Allstate, in her action for breach of contract and bad faith. An uninsured motorist injured Parker in an accident, and Parker sued Allstate for uninsured motorist benefits after a series of contentious exchanges with Allstate during the claims investigation process.

The district court dismissed her claims with prejudice because Parker had not submitted to an examination under oath (“EUO”) before she sued Allstate. The district court dismissed the case although Allstate’s policy with Parker, unlike most other policies, contained no contractual provision requiring Parker to submit to an EUO. We reverse.

The district court erred when it ruled that Parker needed to complete an EUO before she could sue. Washington law provides that an insurance policy can require an insured to be examined under oath, but Washington law does not say that a policyholder cannot sue before the EUO has been completed. Wash. Rev. Code § 48.18.460 . Washington insurers commonly issue policies that expressly require examination under oath. See, e.g., Staples v. Allstate Insurance Co., 161 Wash.App. 1038 , —, 2011…