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Curtis v. James River Insurance Co.

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

December 3, 2019

KELSEY CURTIS, Plaintiff,
v.
JAMES RIVER INSURANCE COMPANY, Defendant.

          Peterson | Wampold, Rosato I Feldman I Luna, Michael S. Wampold, WSBA No. 26053 Tomas A. Gahan, WSBA No. 32779 Attorneys for Plaintiff.

          Lee Smart, PS, Inc. Steven G. Wraith, WSBA No. 17364 Kyle J. Rekofke, WSBA No. 28911 Attorneys for Plaintiff.

          AGREED PRETRIAL ORDER

          Honorable Marsha Pechman, United States District Judge.

         Under Local Court Rule 16 and the Court's Minute Entry (Dkt. 21), the parties submit this Agreed Pretrial Order:

         I. JURISDICTION

         Defendant is an insurance company organized under the laws of the State of Ohio, with its principal place of business in Virginia. Plaintiff is a resident of Washington State. Plaintiff filed suit in King County Superior Court on September 13, 2018. Defendant removed the case to the United States District Court, Western District of Washington, on October 1, 2019, citing 28 U.S.C. § 1332, § 1441 and § 1446. Plaintiff has not objected to the jurisdiction of the federal court. Accordingly, jurisdiction is appropriate based on diversity of citizenship of the parties.

         II. CLAIMS AND DEFENSES

         Plaintiff will pursue the following claims at trial:

1. Breach of UIM Contract
2. Negligence
3. Bad Faith
4. Violation of the Insurance Fair Conduct Act (IFCA)
5. Violation of the Consumer Protection Act (CPA)

         Defendant will pursue the ...


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