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Ibrahim v. AIU Insurance Co.

Court of Appeals of Washington, Division 1

November 4, 2013

Firoz Ibrahim, Appellant,
v.
AIU Insurance Company, Respondent

Appeal from Superior Court King County. Superior Court Cause No: 11-2-04011-9.KNT. Date filed in Superior Court: October 15, 2012. Superior Court Judge Signing: Hollis R. Hill.

Alana K. Bullis, for appellant.

Andrew C. Lauersdorf and Francis J. Maloney III (of Maloney Lauersdorf Reiner PC ), for respondent.

AUTHOR: Dwyer, J. We concur: Appelwick, J., Grosse, J.

OPINION

Page 999

Dwyer, J.

[177 Wn.App. 506] ¶ 1 "Stigma damages" and " diminished value" damages are not synonymous. See Moeller v. Farmers Ins. Co. of Wash., 173 Wn.2d 264, 271, 267 P.3d 998 (2011). In this underinsured motorist insurance coverage dispute, Firoz Ibrahim produced evidence of stigma damages; asserted that it was evidence of diminished value damages; contended that the loss was, therefore, covered by his AIU Insurance Company policy; and filed suit when AIU declined to pay. AIU defended against Ibrahim's claims, averring that it had paid all covered losses. The superior court agreed with AIU and granted its motion for summary judgment, thereby dismissing all of Ibrahim's claims. We affirm.

I

¶ 2 On April 25, 2007, Ibrahim was involved in an automobile collision in King County. Prior to the collision, Ibrahim had entered into a contract for automobile insurance (hereinafter Policy) with AIU that covered the vehicle [177 Wn.App. 507] involved in the collision--a 2007 Lexus ES 350. Among the terms in the Policy is coverage for property damage losses suffered in a collision with an underinsured driver. This UIM coverage provides as follows:

Subject to the Underinsured Motorists Property Damage limit of liability stated on your Declarations Page, if you pay the premium for Underinsured Motorists Property Damage Coverage, we will pay for property damage caused by an auto accident which an insured is legally entitled to recover from the owner or operator of an underinsured motor vehicle.

Page 1000

This coverage, however, is subject to the limitations stated both in the Policy's UIM section and on the Policy's " Declarations Page." The limits stated in the UIM section are as follows:

Our Limit of Liability under this Part C for Property Damage to a covered auto from any one accident is the lowest of:
1. The actual cash value of the covered auto at the time of the accident, reduced by the applicable deductible and by its salvage value if you or the owner retain the salvage;
2. The amount necessary to replace the covered auto, reduced by the applicable deductible, and by the salvage value, if you or the owner retain the salvage;
3. The amount needed to restore the covered auto to its pre-loss condition, reduced by the applicable deductible; or
4. Any Limit of Liability shown on the Declarations Page for property damage under Part C, reduced by the applicable deductible, and by its salvage value if you or the owner retain the salvage.

The Declarations Page contains a monetary limit of liability in an amount equal to $25,000 per accident for underinsured motorist ...


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