Porcello
Porcello v. Allstate Ins.
Opinion
Lead Opinion
MEMORANDUM *
Mark and Lorie Porcello appeal the district court’s order granting summary judgment in favor of Allstate Insurance Company. The Porcellos brought suit against Allstate, claiming that Allstate breached its obligations under their homeowners insurance policy (“Policy”) by denying their claim. The Porcellos also asserted various noncontractual claims. On Allstate’s motion for summary judgment, the district court held that the Porcellos breached their duty of cooperation under the Policy as a matter of law and dismissed the case in its entirety. We review a grant of summary judgment de novo, Botosan v. Paul McNally Realty, 216 F.3d 827, 830 (9th Cir.2000), and we affirm.
The Policy required the Porcellos to cooperate with Allstate’s investigation of their claim. Under Washington law, an *533 insured’s conduct under a cooperation clause is measured by substantial compliance. See Pilgrim v. State Farm Fire & Cas. Ins. Co., 89 Wash.App. 712 , 950 P.2d 479, 483 (Wash.Ct.App.1997). Even absent substantial compliance, however, an insurer is not discharged from the obligation to pay on a valid claim unless it has been prejudiced. Tran v. State Farm Fire & Cas. Co., 136 Wash.2d…