Professional Documents
Culture Documents
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
December 23 2015 2:09 PM
1
KEVIN STOCK
COUNTY CLERK
NO: 15-2-14121-5
3
4
The Honorable K.A. van Doornick
5
6
7
IN THE SUPERIOR COURT OF THE COUNTY OF PIERCE
STATE OF WASHINGTON
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
I.
23
24
1.
25
LEANNE M. LUCAS
ATTORNEY AT LAW
3828 BEACH DRIVE S.W., Suite 303
SEATTLE, WASHINGTON 98116
1
2
3
4
5
6
2.
7
8
9
10
3.
11
12
13
14
4.
15
16
17
18
5.
personal medical insurance policy provided by the defendant through its subsidiary
ACE INSURANCE COMPANY.
19
20
21
22
II.
BACKGROUND FACTS
23
24
6.
25
car accident and was critically injured on December 12, 1980.
AMENDED COMPLAINT - 2
LEANNE M. LUCAS
ATTORNEY AT LAW
3828 BEACH DRIVE S.W., Suite 303
SEATTLE, WASHINGTON 98116
7.
The accident left Mrs. Sanborn with debilitating injuries to her head and spine,
which do not improve over time, but require treatment to prevent deterioration of her condition
4
5
8.
At the time of the accident, Mrs. Sanborn was covered under a lifetime medical
6
9.
7
CENTURY IMDEMNITY COMPANY through its subsidiary ACE INSURANCE COMPANY
8
9
10
because of corporate purchases and transfers occurring over the last thirty-five years.
10.
11
ESIS Claims INC, the claims representative for ACE INSURANCE COMPANY (ACE), to
12
13
14
15
16
17
11.
Immediately after Mrs. Sanborns rejection of the offer, the defendant(s) failed to
After requiring the plaintiff to repeat the submission of the same claim forms
numerous times, defendant through ESIS, INC. (ESIS) finally disclosed through its claims
representative Ms. Faison-Washington that Mrs. Sanborn did indeed have lifetime coverage
18
under her policy, yet because of Mrs. Sanborns own description of her spinal condition as
19
scoliosis, the claimed treatments were not covered, because scoliosis is a natural condition, not
20
21
22
Mrs. Sanborns claims included the same type of medical treatments which had
23
been covered by the defendant(s) prior to this time and had been covered by all former
24
insurance providers.
25
AMENDED COMPLAINT - 3
LEANNE M. LUCAS
ATTORNEY AT LAW
3828 BEACH DRIVE S.W., Suite 303
SEATTLE, WASHINGTON 98116
1
2
3
4
5
14.
The independent medical exam was performed by Drs. Jeremey P. Walton, D.C.
and Neal Shonnard, M.D. of MES Solutions. The report defined different types of scoliosis and
the physicians identified Mrs. Sanborns scoliosis as the type that was caused by her injuries
6
from the accident in 1980.
7
16.
The defendant(s) had a duty to pay all claims before the independent medical
8
9
10
11
12
The refusal to pay the claims, and failure to put the reasons for denial in writing,
13
medical providers to send duplicate forms and claims, and defendants(s) failure to respond to
14
repeated requests for payment within thirty days, constitute bad faith in Washington.
15
16
17
19.
defendants(s) failure to act after Mrs. Sanborn refused the offer to buy her out
of her policy was particularly egregious and caused financial damage and pain and suffering for
her and Mr. Sanborn.
18
19
20
III.
21
22
20.
The Plaintiffs allege the following claims and causes of action against
23
the defendants:
24
25
AMENDED COMPLAINT - 4
LEANNE M. LUCAS
ATTORNEY AT LAW
3828 BEACH DRIVE S.W., Suite 303
SEATTLE, WASHINGTON 98116
1
2
3
4
A.
21.
5
RCW 19.86.093 Civil action Unfair or deceptive act or practice Claim
6
elements:
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22.
22
never a concern for my clients physical or emotional pain and suffering during the continual
23
violation of Washington law. This is true even though the defendant(s) was cognizant that Mrs.
24
25
Sanborn has and continues to suffer from permanent injuries and she was and is entitled to
lifetime medical coverage under her policy.
AMENDED COMPLAINT - 5
LEANNE M. LUCAS
ATTORNEY AT LAW
3828 BEACH DRIVE S.W., Suite 303
SEATTLE, WASHINGTON 98116
1
2
The defendant(s) has injured and continue to injure the plaintiffs under Washington State
Consumer Protection statutes.
3
4
5
6
7
8
9
10
11
B.
23.
who is unreasonably denied a claim for coverage or payment of benefits, may bring an
action in superior court to recover actual damages sustained, costs, reasonable
attorneys fees, and litigation costs. Additionally, the court may decide in its discretion
to increase the total award of damages to an amount not to exceed three times the actual
damages.
24.
12
Settlement Practices Defined the following is identified as an unfair method of competition and
13
an unfair or deceptive act or practice of the insurer: Misrepresenting pertinent facts or insurance
14
15
16
17
18
19
20
21
22
23
24
25
policy provisions.
25.
identified as an unfair method of competition and an unfair or deceptive act or practice of the
AMENDED COMPLAINT - 6
LEANNE M. LUCAS
ATTORNEY AT LAW
3828 BEACH DRIVE S.W., Suite 303
SEATTLE, WASHINGTON 98116
insurer: Failure to Follow Settlement Standards for Prompt, Fair and Equitable Settlements
The defendant(s) has injured and continue to injure the plaintiffs under
4
Washington State Insurance Bad Faith Statutes and Washington Administrative Code
5
violations.
6
7
C.
8
29.
9
10
which provides:
11
12
18
19
The plaintiffs request the Court to order pre and post judgment interest as is statutorily
13
14
15
16
17
20
21
22
23
24
25
IV.
30.
DAMAGES
AMENDED COMPLAINT - 7
LEANNE M. LUCAS
ATTORNEY AT LAW
3828 BEACH DRIVE S.W., Suite 303
SEATTLE, WASHINGTON 98116
b.
medical costs
c.
d.
attorneys fees
e.
5
6
7
V.
8
9
10
11
12
19
20
Awarding plaintiffs all statutory costs and fees, if any, including treble
3.
provided by statute.
17
18
2.
15
16
at trial.
13
14
1.
4.
5.
Awarding plaintiffs any further or additional relief which the court finds
award.
21
22
23
24
25
AMENDED COMPLAINT - 8
Signed________________________________
Leanne M. Lucas, WSBA # 37414
Attorney at Law
3828 Beach Drive S.W. Suite 303
Seattle, WA 98116-3578
LEANNE M. LUCAS
ATTORNEY AT LAW
3828 BEACH DRIVE S.W., Suite 303
SEATTLE, WASHINGTON 98116