Cheung et al v. Allstate Vehicle and Property Insurance Company, No. 2:2022cv01174 - Document 15 (W.D. Wash. 2023)
Court Description: ORDER granting Parties' 14 Stipulated MOTION for Leave to File First Amended Complaint. Signed by Judge Thomas S. Zilly. (SB)
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Cheung et al v. Allstate Vehicle and Property Insurance Company Doc. 15 Case 2:22-cv-01174-TSZ Document 15 Filed 06/14/23 Page 1 of 7 1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 10 11 12 13 BENNY CHEUNG and GUANGYING CHEUNG, Plaintiffs, 14 15 16 17 vs. ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY, 18 Defendant ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:22-cv-01174 TSZ STIPULATED MOTION AND ORDER GRANTING LEAVE TO AMEND COMPLAINT Note on Motion Calendar: June 13, 2023 19 20 21 22 23 24 25 26 The parties are in agreement that, pursuant to Fed. R. Civ. P. 15(a)(2), the plaintiffs should be granted leave to amend the Complaint. The parties respectfully request that the Court grant the parties’ stipulated motion. In compliance with LCR 15, a version of the proposed First Amended Complaint is attached. IT IS SO STIPULATED this 13th day of June 2023. 27 28 Law Offices of Neal Bonrud PLLC STIPULATED MOTION AND [PROPOSED] ORDER GRANTING LEAVE TO AMEND COMPLAINT -1 1312 N. Monroe St., Suite 98 Spokane, WA 99201 (800) 573-2457 Dockets.Justia.com Case 2:22-cv-01174-TSZ Document 15 Filed 06/14/23 Page 2 of 7 1 2 LAW OFFICES OF NEAL BONRUD PLLC 3 4 5 6 7 By s/Neal E. Bonrud Jr. Neal E. Bonrud Jr., WSBA # 20456 Law Offices of Neal Bonrud PLLC 1312 N. Monroe St., Suite 98 Spokane, WA 99201 Attorneys for Defendants FOX ROTHSCHILD LLP By s/ Jonathan P. Heyl Gavin W. Skok, WSBA # 29766 Bryan J. Case, WSBA #41781 Fox Rothschild LLP 1001 Fourth Avenue, Suite 4400 Seattle, WA 98154 dSig 8 9 Jonathan P. Heyl (admitted pro hac vice) Fox Rothschild LLP 101 N. Tryon Street, Suite 1300 Charlotte, NC 28246 Attorneys for Defendants 10 11 12 Pursuant to the parties’ above stipulation and Fed. R. Civ. P. 15(a)(2), the Motion for 13 Leave to Amend Complaint for Damages (Dkt.___) 14 is HEREBY GRANTED. The plaintiffs are 14 granted leave to file the First Amended Complaint. 15 16 17 It is so ordered. June Dated this14th ___ day of ____________, 2023. 18 19 20 21 22 23 ________________________________ Hon. Thomas S. Zilly United States District Judge 24 25 26 27 28 Law Offices of Neal Bonrud PLLC STIPULATED MOTION AND [PROPOSED] ORDER GRANTING LEAVE TO AMEND COMPLAINT -2 1312 N. Monroe St., Suite 98 Spokane, WA 99201 (800) 573-2457 Case 2:22-cv-01174-TSZ Document 15 Filed 06/14/23 Page 3 of 7 1 CERTIFICATE OF SERVICE 2 3 4 5 6 7 I hereby declare under the penalty of perjury under the laws of the State of Washington that I have served a true and correct copy, except where noted, of the foregoing upon the individual(s) listed by the following means: 8 9 Defendant’s Counsel: [ ] U.S. Postal Service (First Class) Gavin W. Skok [ ] Facsimile to Bryan J. Case [ ] _______________ Express Mail 13 Yara AlHowar [ ] Hand Delivery 14 Jonathan P. Heyl [ ] Via Legal Messenger 15 Fox Rothschild LLP [ ] E-Mail 1001 Fourth Avenue, Suite 4500 [ X ] E-service via the Court 10 11 12 16 17 18 Seattle, WA 98154 19 20 21 22 DATED _June 13, 2023 ________. By: __s/Neal E. Bonrud Jr._____ Name: _Neal E. Bonrud Jr.___ 23 Title: __Attorney_____________ 24 25 26 27 28 Law Offices of Neal Bonrud PLLC STIPULATED MOTION AND [PROPOSED] ORDER GRANTING LEAVE TO AMEND COMPLAINT -3 1312 N. Monroe St., Suite 98 Spokane, WA 99201 (800) 573-2457 Case 2:22-cv-01174-TSZ Document 15 Filed 06/14/23 Page 4 of 7 1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 10 11 12 13 BENNY CHEUNG and GUANGYING CHEUNG, Plaintiffs, 14 15 16 17 18 vs. ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY, Defendant ) Case No.: 2:22-cv-01174 TSZ ) ) FIRST AMENDED COMPLAINT ) ) ) ) ) ) ) ) ) ) 19 20 21 22 Plaintiffs Benny Cheung and Guangying Cheung, through Neal E. Bonrud Jr., of the Law Offices of Neal Bonrud PLLC, for their first amended complaint state and allege as follows: 23 I. 24 25 PARTIES 1. Plaintiffs are citizens and residents of Skagit County in the State of Washington. 26 27 28 2. Defendant Allstate Vehicle and Property Insurance Company, upon information and belief, is a foreign corporation doing business in Skagit County in the State of Washington. Law Offices of Neal Bonrud PLLC FIRST AMENDED COMPLAINT 2:22-cv-01174-TSZ -1 1312 N. Monroe St., Suite 98 Spokane, WA 99201 (800) 573-2457 Case 2:22-cv-01174-TSZ Document 15 Filed 06/14/23 Page 5 of 7 II. 1 BASIS FOR JURISDICTION 2 3 4 5 6 7 8 9 10 11 12 13 14 3. Plaintiffs insured their home located at 22270 Bulson Road, Mount Vernon, WA 98274 with Allstate Vehicle and Property Insurance Company. 4. Plaintiffs are currently residents and citizens of Washington state. 5. Allstate Vehicle and Property Insurance Company is incorporated in Delaware and its primary place of business is the state of Illinois. 6. The amount of damage to Plaintiffs’ home exceeds $75, 000 therefore, the amount in controversy exceeds $75,000, not counting interest and costs of court. 7. The Court has jurisdiction over the parties under 28 U.S.C. §1332 because the Plaintiffs are citizens of Washington and the Defendant is a citizen of another state and the amount at stake is more than $75,000. III. 15 16 17 18 19 20 FACTUAL ALLEGATIONS 8. Allstate Vehicle and Property Insurance Company (“Allstate”) issued an insurance policy (“policy”) to Plaintiffs providing property damage coverage for their home. 9. On or about November 20, 2021, Plaintiffs’ home suffered damage due to a theft of property from the home and outbuildings. 21 10. Plaintiffs filed a claim with Allstate for the property damage to their home. 22 11. Allstate refused to pay amounts due and owing for the loss. 23 24 25 26 12. Allstate failed to acknowledge and act reasonably promptly in response to the claim filed by Plaintiffs. 13. Allstate failed to properly and fully investigate the claim. 27 28 Law Offices of Neal Bonrud PLLC FIRST AMENDED COMPLAINT 2:22-cv-01174-TSZ -2 1312 N. Monroe St., Suite 98 Spokane, WA 99201 (800) 573-2457 Case 2:22-cv-01174-TSZ Document 15 Filed 06/14/23 Page 6 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 14. Allstate failed to implement reasonable standards for the prompt investigation and payment of claims arising under the policy. 15. Allstate unreasonably failed to pay the amount due and owing under the policy. 16. Allstate failed to implement reasonable standards for the processing and payment of the claim by Plaintiffs arising under the policy. 17. By refusing to pay the benefits due to Plaintiffs for the claim, Allstate has forced Plaintiffs to incur the costs of litigation to recover the monies owed under the insurance policy. 18. Allstate has no reasonable basis in the insurance policy or law for its failure to pay benefits due and owing under the insurance policy to Plaintiffs. 19. Allstate failed to provide a prompt reasonable explanation of the basis in the insurance policy or law for the refusal to pay benefits due and owing to Plaintiffs. 20. On October 5, 2022, Plaintiffs sent notice pursuant to RCW 48.30.015(8)(a) to Allstate and the Washington State Office of the Insurance commissioner that they were making a claim against Allstate for violation of the Insurance Fair Conduct Act (RCW 48.30.015). 18 IV. CLAIMS 19 20 21 22 23 24 25 Plaintiffs assert the following claims against Allstate: 21. Breach of the contract. 22. Violations of the Washington Consumer Protection Act (CPA), RCW 19.86, including: (i) generally through Allstate’s unfair and deceptive acts or practices which have injured plaintiff; (ii) on a per se basis through violation of provisions of the Washington 26 Administrative Code (WAC) 284-30; and (iii) on a per se basis through engaging in 27 insurance bad faith. 28 Law Offices of Neal Bonrud PLLC FIRST AMENDED COMPLAINT 2:22-cv-01174-TSZ -3 1312 N. Monroe St., Suite 98 Spokane, WA 99201 (800) 573-2457 Case 2:22-cv-01174-TSZ Document 15 Filed 06/14/23 Page 7 of 7 1 23. Insurance bad faith. 2 24. Negligence. 3 4 5 6 25. Plaintiffs reserve claims under Washington’s Insurance Fair Conduct Act, RCW 48.30.015, pending issuance of notice thereunder. Violations of the Washington Insurance Fair Conduct Act, RCW 48.30.015. 7 8 9 10 11 12 13 14 15 16 V. REQUEST FOR RELIEF WHEREFORE, Plaintiffs prays for judgment against Allstate as follows: A. Damages in an amount to be proven at trial; B. Exemplary damages and attorney fees under the Washington State Consumer Protection Act (RCW 19.86); C. Exemplary damages and attorney fees under the Washington Insurance Fair Conduct Act (RCW 48.30.015); D. Plaintiff’s costs, disbursements, and pre-judgment and post-judgment interest; 17 E. Attorney fees and costs and disbursements as allowed at law; and 18 F. Such other and further relief as is just and equitable. 19 Dated this June 8, 2023 20 21 Law Offices of Neal Bonrud PLLC 22 23 By: s/ Neal E. Bonrud Jr. Neal E. Bonrud Jr., WSBA #20456 1312 N. Monroe Street, Suite 98 Spokane, WA 99201 (425) 292-0735 neal@bonrudlaw.com 24 25 26 27 28 Law Offices of Neal Bonrud PLLC FIRST AMENDED COMPLAINT 2:22-cv-01174-TSZ -4 1312 N. Monroe St., Suite 98 Spokane, WA 99201 (800) 573-2457
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