Justia Washington Supreme Court Opinion Summaries

The federal district court in Washington State certified a question of law to the Washington Supreme Court. Washington law required group life insurance policies to have an incontestability clause providing that “the validity of the policy shall not be contested, except for nonpayment of premiums, after it has been in force for two years from its date of issue.” The certified question in this case asked whether an insurer could invalidate a life insurance policy after this two-year period on grounds that the policies were void ab initio or never “in force.” New York Life Insurance (NY Life) issued two life insurance policies to Lorenzo Mitchell, naming his nephew, Simon Mitchell, as the sole beneficiary. Lorenzo died more than two years after the policies were issued, and Simon sought to collect on the policies. NY Life became aware that Lorenzo had Down syndrome and lived with significant intellectual disabilities. These facts raised questions about the circumstances under which the policies were issued. NY Life sued Simon in federal district court seeking declaratory relief that the policies were void ab initio under three possible theories: imposter fraud, incapacity, and lack of an insurable interest. The Washington Supreme Court concluded NY Life’s first and third claims were not barred by that provision. “In contrast, lack of capacity does not, on its own, render an insurance contract void; it renders it at most voidable. Because a voidable contract is not void ab initio, we hold the incontestability provision bars NY Life’s second claim.” View "New York Life Ins. Co. v. Mitchell" on Justia Law

The issue this case presented for the Washington Supreme Court’s review centered on whether the Washington Growth Management Hearings Board’s (“Board”) decision to dismiss a timely petition for review was arbitrary and capricious when it found that the petitioner did not substantially comply with the service requirements under WAC 242-03-230(2)(a) without considering prejudice. The City of Kenmore argued and the Court of Appeals held that the Board’s interpretation of substantial compliance derived from Your Snoqualmie Valley v. City of Snoqualmie, No. 11-3-0012 (Cent. Puget Sound Growth Mgmt. Hr’gs Bd. Mar. 8, 2012 (Ord. on Mots.)), was entitled to deference, that the definition did not require a finding of prejudice, and that the Board’s application of the test for substantial compliance to the facts in this case was not an abuse of discretion. The Supreme Court held that the Board’s erroneous interpretation and application of the substantial compliance standard articulated in the prior Board decision constituted arbitrary and capricious action and that the petitioners substantially complied with the service requirements. View "Kenmore MHP LLC v. City Of Kenmore" on Justia Law

This case arose from a car accident in which respondenr Miriam Gonzalez Carmona ran a red light and hit petitioner Kylie Hanson’s car. At the time, Carmona was driving home from an out of town work training, driving a car owned by her employer, Southeast Washington Office of Aging and Long Term Care (SEW ALTC). Hanson filed a complaint against Carmona individually and the SEW ALTC Advisory Council (Advisory Council), under a theory of vicarious liability alleging Carmona was acting within the scope of her employment at the time of the accident. The Advisory Council and Carmona moved for summary judgment because Hanson did not comply with RCW 4.96.020(4)’s presuit notice requirement to sue a government entity or its employees for tortious conduct and the statute of limitations had run. Hanson then amended her complaint to remove all references to the Advisory Council and the allegations that Carmona was acting in the scope of employment. The trial court granted summary judgment in favor of the Advisory Council, but it allowed the case to proceed forward against Carmona in her individual capacity. The Court of Appeals reversed. After review, the Washington Supreme Court affirmed the Court of Appeals, but on different grounds. The Supreme Court held that RCW 4.96.020(4) applied when an employee is acting within the scope of employment but is sued in their individual capacity. "The plain language of the statute encompasses acts within the scope of employment and the government entity, not the employee, is bound by any judgment, even if not technically sued. Accordingly, the legislature can require presuit notices for employee acts committed within the scope of employment." View "Hanson v. Carmona" on Justia Law

CC (mother) and VC (father) were driving through eastern Washington when CC went into premature labor. CC gave birth to AC in a nearby hospital. AC’s umbilical cord tested positive for cannabis. Hospital staff noted that CC was disabled, that CC and VC were homeless, and that they had no baby supplies. The hospital reported its concerns to the State, and the State sent social worker Michelle Woodward to investigate. Woodward contacted CC’s family from whom she heard reports of the couple’s domestic violence, criminal history, and drug use. The State took custody of AC and temporarily placed him with a foster family. The court later found AC dependent at a contested shelter care hearing and ordered CC to participate in random drug testing and an evidence-based parenting program. The court also ordered the State to provide regular, supervised visitation. At about this time, a new social worker, Diana Barnes, was assigned to AC. The court held another dependency hearing where Woodward, Barnes, and parenting therapist Logan Wright testified in support of AC’s dependency. Woodward and Barnes relied extensively on hearsay based largely on secondhand reports and statements rather than their own personal interactions or investigations. None of these reports were submitted into evidence, no records custodian authenticated them, and none of the out-of-court witnesses whose statements were recorded in those reports were called to testify. Counsel for VC made two unsuccessful objections to the hearsay presented through the social workers. The court ultimately found that the parents’ past history with the criminal justice system and Child Protective Services supported dependency, a finding substantially based on hearsay. CC and VC appealed. The Washington Supreme Court held the trial court’s impermissible reliance on hearsay prejudiced the parents and materially affected the outcome of the trial. Accordingly, the Court reversed the trial court’s dependency finding for AC as to both parents. View "In re Dependency of A.C." on Justia Law

Six months after United States and global health authorities declared COVID-19 a public health emergency, the city of Seattle (City) passed an ordinance (Seattle Ordinance 126094) authorizing hazard pay for certain workers who delivered food to consumers’ homes. By that time, Governor Inslee had issued stay-at-home orders requiring Washingtonians to leave home only for the most essential of trips. Among some of the conditions in the ordinance were that food delivery network companies could not reduce workers’ compensation or otherwise limit their earning capacity as a result of the ordinance, and they were prohibited from reducing the areas of the City they served or to pass on the cost of the premium pay to customers’ charges for groceries. The Washington Food Industry Association and Maplebear Inc., d/b/a Instacart, challenged the ordinance, seeking a declaration invalidating the ordinance on statutory and state and federal constitutional grounds. The trial court dismissed the statutory claim under chapter 82.84 RCW but permitted all remaining claims to proceed. After review of the limited record, the Washington Supreme Court affirmed in part and reversed in part: (1) affirming dismissal of the 82.84 RCW claim; (2) reversing dismissal of the equal protection claim; and (3) reversing the trial court’s dismissal of the privileges and immunities claim. The Court affirmed in all other respects and remanded for further proceedings. View "Wash. Food Indus. Ass'n v. City of Seattle" on Justia Law

Homeowner Trefan Archibald hired an individual, Gina Dobson, to refinish his hardwood floors. Dobson worked as a longshoreman full-time but did some construction work on the side. Archibald selected her for the job based on a referral and her reputation of completing similar construction projects. Upon completion of the floors, Archibald was dissatisfied with the results and refused to pay the agreed-upon price. Dobson sued for breach of contract and, as part of the suit, claimed she was not a contractor and did not need to be registered. The issue this case presented for the Washington Supreme Court’s review was: (1) whether such an individual was a “contractor” under RCW 18.27.010(1)(a); and (2) whether nonregistration under RCW 18.27.080 was an affirmative defense that had to be timely pleaded or was otherwise waived. The Court of Appeals held that Dobson was a contractor within the meaning of the contractor registration statutes and that Archibald was not required to raise nonregistration as an affirmative defense. To this, the Supreme Court agreed, holding that Dobson was a contractor as defined by statute and that registration was a prerequisite to suit. Therefore, Dobson was precluded from bringing this lawsuit, and her breach of contract action was properly dismissed. View "Dobson v. Archibald" on Justia Law

Delaura Norg called 911 seeking emergency medical assistance for her husband, Fred. She gave the 911 dispatcher her correct address, which the dispatcher relayed to emergency responders from the Seattle Fire Department (SFD). The Norgs’ apartment building was three blocks away from the nearest SFD station, but it took emergency responders over 15 minutes to arrive. This delay occurred because the SFD units failed to verify the Norgs’ address and, instead, went to a nearby nursing home based on the mistaken assumption that the Norgs lived there. The Norgs sued the City for negligence, alleging that SFD’s delayed response aggravated their injuries. The City pleaded the public duty doctrine as an affirmative defense and both parties moved for summary judgment on the question of duty. The trial court granted partial summary judgment in the Norgs’ favor and struck the City’s affirmative defense. The Court of Appeals affirmed on interlocutory review. The Washington Supreme Court held that the trial court properly granted partial summary judgment to the Norgs on the question of duty. In doing so, the Court expressed no opinion on the remaining elements of the Norgs’ claim (breach, causation, and damages). The Supreme Court thus affirmed the Court of Appeals and remanded to the trial court for further proceedings. View "Norg v. City of Seattle" on Justia Law

Rather than using the insurance agency’s in-house presiding officer, American Property Casualty Insurance Association (Association) requested an adjudicative hearing before an administrative law judge (ALJ) pursuant to RCW 48.04.010(5). The request was denied. The Association sought a writ of mandamus against Insurance Commissioner Mike Kreidler, requiring him to transfer the hearing. The Washington Supreme Court concluded the Association could have sought judicial review by way of the Administrative Procedure Act (APA), ch. 34.05 RCW, thus, the Association failed to demonstrate it had “no plain, speedy, and adequate remedy” at law, one of the three requirements for a writ to issue. Accordingly, the Supreme Court dismissed the petition. View "Am. Prop. Cas. Ins. Ass'n v. Kreidler" on Justia Law

Gregory and Sue Tadych filed suit after the one-year limitation period to bring a construction defect suit expired. The trial court entered summary judgment, dismissing the suit and upholding the contractual limitation. The Court of Appeals affirmed. The Washington Supreme Court found the contractual limitation here was substantively unconscionable and, therefore, void and unenforceable. "The one-year limitation provision provides a substantially shorter limitations period than plaintiffs are otherwise entitled to under RCW 4.16.310 and benefits the contractor at the expense of the rights of the homeowner." Judgment was reversed and the matter remanded for trial. View "Tadych v. Noble Ridge Constr., Inc." on Justia Law

Janelle Henderson, a Black woman, and Alicia Thompson, a white woman, were involved in a motor vehicle collision. Thompson admitted fault for the collision but made no offer to compensate Henderson for her injuries. Henderson claimed that her preexisting condition was seriously exacerbated by the collision and sued for damages. During the trial, Thompson’s defense team attacked the credibility of Henderson and her counsel—also a Black woman—in language that called on racist tropes and suggested impropriety between Henderson and her Black witnesses. The jury returned a verdict of only $9,200 for Henderson. Henderson moved for a new trial or additur on the ground that the repeated appeals to racial bias affected the verdict, yet the trial court did not even grant an evidentiary hearing on that motion. The court instead stated it could not “require attorneys to refrain from using language that is tied to the evidence in the case, even if in some contexts the language has racial overtones.” The Washington Supreme Court concluded the trial court abused its discretion by failing to grant an evidentiary hearing and also by failing to impose any sanctions for Thompson’s discovery violations. Judgment was reversed and remanded for further proceedings. View "Henderson v. Thompson" on Justia Law