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Lundquist v. First National Insurance Co. of America

United States District Court, W.D. Washington, Tacoma

November 20, 2019

CAMERON LUNDQUIST, an individual, and LEEANA LARA, an individual, on behalf of themselves and all others similarly situated, Plaintiffs,
v.
FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a New Hampshire Corporation, and LM GENERAL INSURANCE COMPANY, an Illinois Corporation, and CCC INFORMATION SERVICES INCORPORATED, a Delaware Corporation, Defendants.

          ORDER ON PLAINTIFFS' MOTION TO COMPEL

          ROBERT J. BRYAN UNITED STATES DISTRICT JUDGE.

         THIS MATTER comes before the Court on the Plaintiffs' Motion to Compel Production of Documents Relating to Regulatory Action, Customer Complaints, and other Lawsuits. Dkt. 130. The Court has considered the pleadings filed regarding the motion and the remaining file.

         In the pending motion, the Plaintiffs move for an order compelling First National Insurance Company of America and LM General Insurance Company (“Insurer Defendants”) to produce documents and information regarding regulatory action, customer complaints, lawsuits and adjusting practices in other states that relate to the Plaintiffs' allegations. Dkt. 130. For the reasons provided below, the motion (Dkt. 130) should be denied.

         I. FACTS

         In this putative class action, the Plaintiffs assert that Defendants' practice of using unexplained and unjustified condition adjustments to comparable vehicles when valuing a total loss claim for a vehicle, violates the Washington Administrative Code (“WAC”), specifically WAC 284-30-391 (4)(b) and (5)(d), and so constitutes: (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) violation of Washington's Consumer Protection Act, RCW 19.86., et seq. (“CPA”) and (4) civil conspiracy. Dkt. 90. The Plaintiffs seek damages, declaratory and injunctive relief, attorneys' fees and costs. Id.

         The class has not been certified. The Second Amended Complaint proposes to define the class as:

All individuals insured by First National and LMGIC under a private passenger vehicle policy who, from the earliest allowable time to the date of judgment, received a first-party total loss settlement or settlement offer based in whole or in part on the price of comparable vehicles reduced by a “condition adjustment.”

Dkt. 90, at 12. The Second Amended Complaint further provides that, “[w]hile the exact number of members cannot be determined, the class consists at a minimum of thousands of persons located throughout the State of Washington.” Id.

         The parties have exchanged written discovery and produced thousands of pages of documents. Dkt. 123-1, at 2-3. As part of that written discovery, the Plaintiffs propounded requests for production and the interrogatory that is at issue here. They are as follows:

(1) Please provide all DOCUMENTS and [electronically stored information (“ESI”)] relating to any previous dispute or discussion about FIRST NATIONAL's application of condition adjustments to the values of comparable vehicles use to value total loss claims.
(2) Produce all DOCUMENTS and ESI relating to investigations, complaints, citations, fines, rebukes or penalties from or by municipal, state or federal agencies, including but not limited to any state government agencies overseeing auto coverage insurance, regarding your application of condition adjustments to the values of comparable vehicles used to value total loss claim payments to insureds in first-party motor vehicle total loss claims and business practices related thereto.
(3) Produce all DOCUMENTS and ESI concerning prior lawsuits, in the relevant time period filed against you concerning your application of condition adjustments to the values of comparable vehicles used to value total loss claim payments to insureds in first-party motor vehicle total loss claims.
(4) Produce all DOCUMENTS and ESI relating to complaints made by customers (or their attorneys) concerning your application of condition adjustments to the values of comparable vehicles used to value total loss claim payments to insureds in first-party motor vehicle total loss claims.
(5) Please produce any and all documents relating to “applicable state methodologies” used for requesting, obtaining, and/or generating total loss valuation reports as that term is used in the ...

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