United States District Court, W.D. Washington, Tacoma
ORDER GRANTING DEFENDANT'S MOTION FOR PARTIAL
BENJAMIN H. SETTLE, UNITED STATES DISTRICT JUDGE.
matter comes before the Court on Defendant State Farm Fire
and Casualty Company (“State Farm”) motion for
partial summary judgment re damages. Dkt. 35. The Court has
considered the pleadings filed in support of and in
opposition to the motion and the remainder of the file and
hereby grants the motion for the reasons stated herein.
16, 2018, Plaintiff Vanessa Camper (“Camper”)
filed a complaint in Pierce County Superior Court for the
State of Washington against State Farm and Allstate Insurance
Company (“Allstate”). Dkt. 1-2. Camper alleges
that the insurance companies are liable for all damages
associated with the flooding of her house on May 17, 2017.
14, 2018, Allstate removed the matter to this Court. Dkt. 1.
19, 2019, State Farm and Allstate filed motions for summary
judgment on coverage. Dkts. 17, 21. On August 7, 2019, State
Farm filed the instant motion for partial summary judgment on
damages. Dkt. 35. On August 26, 2019, Camper responded. Dkt.
38. On August 30, 2019, State Farm replied. Dkt. 41.
September 9, 2019, the Court granted Allstate's motion on
coverage and denied State Farm's motion on coverage. Dkt.
morning of May 17, 2017, Camper walked down the stairs of her
home to the lower level and “walked right into
water.” Dkt. 18-1 at 4. She could not find where the
water was coming from, so she sought help from her neighbor.
Dkt. 25, Declaration of Vanessa Camper (“Camper
Decl.”), ¶¶ 5-6. They discovered that water
was flowing down her driveway and into her garage.
Id. ¶ 7. At some point, Camper discovered that
the water was emanating from a broken pipe between the main
water connection and her house. Camper contacted Allstate and
Washington Restorer, a home restoration company. Id.
¶ 8. Washington Restorer sent its employee Maggie King
(“King”) to Camper's house to appraise the
damage and develop a remediation plan. Dkt. 26, ¶ 2.
King arrived at the house, the water had been turned off, but
the source of the leak had not been identified. Id.
¶ 6. King asserts that the water heater was damaged and
the electrical wiring in the house had been compromised by
the flooding. Id. King opines that the house was
uninhabitable because (1) there was no water, (2) the
electrical system was compromised, (3) asbestos insulation
had been damaged and needed to be removed, and (4) mold had
started to form. Id. ¶ 7.
submitted the remediation plan and construction bids to
Allstate, but Allstate denied coverage. Several weeks after
the incident, Camper discovered that she also had a
homeowner's policy with State Farm. Camper Decl., ¶
13. Camper submitted a claim, and State Farm assigned
adjustor Fred Long (“Long”) to the claim.
Id. Initially, State Farm denied coverage, but it
eventually provided some coverage for the damage.
Id. ¶ 15. Although King told Camper that the
home was uninhabitable, State Farm refused to compensate
Camper for substitute housing. Id. ¶ 16. Camper
claims that Long would not authorize remedial work until
Camper paid to fix the broken pipe. Id. In
September, Camper obtained funds to pay for the pipe repair.
She then hired DrainTech Northwest to excavate and repair the
water line. Id., Exh. A.
result of King's conclusion that the house was
uninhabitable, Camper and her daughter moved in with
Camper's mother. Dkt. 25, ¶ 13. Camper asserts that
she was unable to pay the mortgage on her uninhabitable house
and rent for a separate apartment. Id.
date of the loss, Camper had a homeowner's insurance
policy with State Farm. Dkt. 18-3. The relevant part of the
policy for this motion provides that State Farm will cover
necessary costs Camper incurs when her premises becomes
uninhabitable. Dkt. 18-3 at 17.