Justia Washington Supreme Court Opinion Summaries

The United States District Court for the Ninth Circuit certified a question of law to the Washington Supreme Court. Specifically, the federal appellate court asked whether an insurance company was bound by its agent’s written representation (made in a certificate of insurance) that a particular corporation was an additional insured under a given policy. This question arose in a case where: (1) the Ninth Circuit already ruled that the agent acted with apparent authority; but (2) the agent’s representation turned out to be inconsistent with the policy; and (3) the certificate included additional text broadly disclaiming the certificate’s ability to “amend, extend or alter the coverage afforded by” the policy. The Washington Supreme Court responded yes: an insurance company is bound by the representation of its agent in the circumstances presented by the federal court. “Otherwise, an insurance company’s representations would be meaningless and it could mislead without consequence.” View "T-Mobile USA, Inc. v. Selective Ins. Co. of Am." on Justia Law

Matthew Schwartz pled guilty to failure to register as a sex offender. At sentencing, the State and Schwartz disputed whether two of Schwartz’s prior class C felony convictions should not have been included in his offender score under the Sentencing Reform Act of 1981 (“SRA”). Specifically, the parties disagreed as to whether time spent n jail as a sanction for failing to pay legal financial obligations ordered on a felony conviction reset the five-year washout period under the Act. The Washington Supreme Court determined the Legislature did not intend that time spent in jail as a sanction for failing to pay legal financial obligations reset the five-year washout period. Accordingly, Schwartz’s 1997 and 2001 convictions washed out under the Act, and should not have been included in his offender score. View "Washington v. Schwartz" on Justia Law

Dean Imokawa’s truck collided with another vehicle during a lane change, propelling him into oncoming traffic and causing another collision with another vehicle. The State charged Imokawa with vehicular homicide and vehicular assault for the resultant injuries to others from the collision. The trial court denied Imokawa’s request to include a specific jury instruction that the State had to prove the absence of a superseding intervening cause beyond a reasonable doubt. A jury found Imokawa guilty of vehicular homicide and vehicular assault. The Court of Appeals reversed, reasoning the State had the burden of proving the intervening cause, the jury was not sufficiently instructed on this burden, and the error was not harmless. The Washington Supreme Court disagreed with the appellate court, finding the jury was adequately instructed. View "Washington v. Imokawa" on Justia Law

Petitioner Ron Gipson challenged Snohomish County’s response to a records request under Washington’s Public Records Act. Gipson requested records that related to allegations of workplace sexual harassment against him. At the time of his request, Gipson was under investigation for those allegations. Due to the voluminous request, Snohomish County responded by producing the documents in five installments over the course of several months, but asserted the active and ongoing investigation exemption under the Act for each installment. Gipson argued treating each installment with the exemption was improper under the Act. The Washington Supreme Court disagreed, finding Snohomish County properly applied the active-and-ongoing-investigation exemption and affirmed. View "Gipson v. Snohomish County" on Justia Law

John and Michelle Strauss challenged the Court of Appeals decision affirming summary dismissal of their action against Premera Blue Cross, which arose out of the denial of coverage for proton beam therapy (PBT) to treat John's prostate cancer. At issue was whether the Strausses established the existence of a genuine issue of material fact regarding PBT's superiority to intensity-modulated radiation therapy (IMRT), thereby demonstrating that proton beam therapy was "medically necessary" within the meaning of their insurance contract. The Washington Supreme Court determined they did, and therefore reversed the Court of Appeals' decision, and remanded for a jury trial on the disputed facts. View "Strauss v. Premera Blue Cross" on Justia Law

In a moot case of substantial and continuing public interest, a juvenile offender challenges whether her need for treatment was an appropriate basis for imposing a manifest justice disposition. B.O.J. pled guilty to two counts of third degree theft for shoplifting from a grocery store. These offenses subjected her to a "local sanctions" standard sentencing range. In exchange for a plea, the prosecution promised to recommend 6 months of community supervision, 8 hours of community service, credit for time served, release at her sentencing disposition, and no contact with the victims. One month later, the State contended B.O.J. violated the conditions of her release by running away from placement. The State thereafter recommended a manifest justice disposition with confinement in a Juvenile Rehabilitation Administration facility. The trial court stated its findings that both B.O.J.'s need for treatment and the standard sentencing range as too lenient supported the manifest injustice disposition. The Washington Supreme Court determined the trial court's findings were not an appropriate basis for imposing a manifest injustice disposition. The Court reversed the Court of Appeals' holding that B.O.J.'s need for treatment supported the trial court's finding that a standard range disposition would effectuate a manifest injustice. View "Washington v. B.O.J." on Justia Law

While driving his truck, Moun Keodalah and an uninsured motorcyclist collided. After Keodalah stopped at a stop sign and began to cross the street, the motorcyclist struck Keodalah's truck. The collision killed the motorcyclist and injured Keodalah. Keodalah's insurance policy with Allstate Insurance Company included underinsured motorist (UIM) coverage. Keodalah requested Allstate pay him his UIM policy limit of $25,000. Allstate refused, offering $1,600 based on its assessment Keodalah was 70% at fault for the accident. After Keodalah asked Allstate to explain its evaluation, Allstate increased its offer to $5,000. Keodalah sued Allstate asserting a UIM claim. The ultimate issue before the Washington Supreme Court in this case was whether RCW 48.01.030 provided a basis for an insured's bad faith and Consumer Protection Act claims against an insurance company's claims adjuster. The Supreme Court held that such claims were not available, and reversed the Court of Appeals. View "Keodalah v. Allstate Ins. Co." on Justia Law

This case stemmed from the 2007-2009 financial crisis and recession. In 2005 and 2007, Federal Home Loan Bank of Seattle purchased for residential mortgage-backed securities (RMBS) from investment bank Credit Suisse. Federal Home Loan also bought certificates from Barclays Bank. In 2009, Federal Home Loan separately brought suit under the Securities Act against Credit Suisse and Barclays. Federal Home Loan alleged Credit Suisse and Barclays each had made untrue or misleading statements relating to the certificates it purchased. n each case, the investment banks moved for summary judgment, which was granted. Federal Home Loan sought review of each case, arguing that reliance on the statements wasn't an element under the Act. The Washington Supreme Court concurred and concluded a plaintiff need not prove reliance under the Act. the Court of Appeals was reversed and the matter remanded for further proceedings. View "Fed. Home Loan Bank of Seattle v. Credit Suisse Sec. (USA) LLC" on Justia Law

Frank Wallmuller pleaded guilty in 2014 to first degree rape of a child and sexual exploitation of a minor. He successfully appealed on grounds of sentencing error and imposition of improper community custody conditions, and the Court of Appeals remanded for correction of those errors. On remand, the trial court struck the challenged community custody conditions, which related to pornography and businesses selling liquor, but reimposed three of the original conditions relating to contact with children. The Court of Appeals held that a community custody condition barring a defendant from "places where children congregate" was inherently vague, in violation of due process, unless it was “cabined” by an exclusive list of specific prohibited places. The Washington Supreme Court held that this was error: “While an illustrative list of prohibited places serves to clarify and define such a condition, crafting an exclusive list is neither constitutionally required nor practically possible.” The Court reversed the Court of Appeals and upheld the challenged condition. View "Washington v. Wallmuller" on Justia Law

In January 2016, Michael Peck and Clark Tellvik were seen on a security camera, burglarizing a home. The owner of the home was demonstrating her home's new surveillance system to a friend on her phone when she saw the crime in progress. She called 911, and officers arrived at the home within minutes. When officers arrived, a Dodge Dakota pickup truck was stuck in the snow in front of the house. Peck and Tellvik were outside the truck, trying to free it from the snow. The officers contacted Peck and Tellvik, frisked them, and detained them. Additional responding officers arrived within minutes, ran the registration of the vehicle, and discovered it was stolen. Officers arrested Peck and Tellvik for possession of a stolen vehicle. During the inventory search of the vehicle that was ultimately impounded, an officer discovered a "black zippered nylon case" that seemed to hold CDs (compact disks), and opened it. Inside the black zippered nylon case was packaged methamphetamine, an electronic scale, and a smoking pipe. The State charged Peck and Tellvik with several crimes, including possession of a controlled substance with intent to deliver. Peck and Tellvik moved to suppress the contents of the black zippered nylon case. The trial court denied the motion to suppress, finding the inventory search to be proper and finding no evidence of pretext. Peck and Tellvik were subsequently convicted. Both appealed their controlled substance convictions. The Court of Appeals reversed the trial court's denial of the motion to suppress. The issues this case presented for the Washington Supreme Court’s review centered on: (1) whether defendants had standing to challenge the scope of a warrantless inventory search of a vehicle when that vehicle was stolen; and (2) whether a proper inventory search extends to opening an innocuous, unlocked container of unknown ownership found in a stolen vehicle associated with defendants who were apprehended while burglarizing a home. The Supreme Court held that defendants had automatic standing to challenge the search and that the search of the innocuous container was lawful under these circumstances. The Court reversed the Court of Appeals and upheld the denial of the motion to suppress. View "Washington v. Peck" on Justia Law