Unpublished Disposition, 877 F.2d 64 (9th Cir. 1989)

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U.S. Court of Appeals for the Ninth Circuit - 877 F.2d 64 (9th Cir. 1989)

FARMERS INSURANCE EXCHANGE, a California reciprocal andinter-insurance exchange, Plaintiff-Appellee,v.Stephen Hennessey SMITH and Jong Pyng Liu, Defendants-Appellants.

No. 88-3719.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted June 5, 1989.Decided June 13, 1989.

Before GOODWIN, Chief Judge, WRIGHT and WILLIAM A. NORRIS, Circuit Judges.


We affirm the holding of the district court that there was no bad faith by the insurer and no violation of the Washington Consumer Protection Act. We conclude, however, that summary judgment of dismissal was improper on the claim of the insured for recovery of the actual cash value of the building destroyed by fire. It appears that the insured building had some value apart from the land.

We remand to the district court for the determination of that actual cash value under Washington law and for the entry of judgment accordingly.