Providing Temporary Housing to an Insured Who Incurred a Loss is Not Unlimited
Post 5081
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Insured as Lessee is Obligated to Pay Rent
Millar sued Anakka Hartwell, Liberty Insurance Corporation, and Temporary Housing, Inc. (THI) were sued after Hartwell, a policyholder of Liberty, failed to pay rent for a property Millar leased to her through THI. The court granted summary judgment in favor of THI and Liberty, dismissing Millar’s claims, and Millar appealed the decision .
In Joel Millar v. Anakka Hartwell, a Washington resident, Liberty Insurance Corporation, a foreign insurance corporation; and Temporary Housing, Inc. d/b/a CRS Temporary Housing, a foreign entity, No. 85876-9-I, the Court of Appeals of Washington, Division 1 (May 19, 2025) resolved the dispute.
Case Overview
Incident and Claim:
In September 2018, Hartwell reported a water leak in her home and sought Additional Living Expense (ALE) coverage from Liberty for temporary housing. THI was appointed to assist Hartwell in finding temporary accommodation and placed Hartwell at a residence.
Temporary Housing Arrangement:
Liberty Insurance provides home insurance policies that include coverage for temporary housing after a covered loss. THI secured housing for Hartwell in a property owned by Millar, formalized through a Temporary Housing Confirmation. The lease was set from April 1, 2019, to June 30, 2019, with options for extensions.
After the initial lease term, THI requested extensions, and Millar agreed. However, after confirming with Liberty that no further extensions would be granted, THI notified Millar that Hartwell was to vacate by November 8, 2019. Despite this, Hartwell remained in the property until December 2022, making some but not all rent payments.
Legal Proceedings
Millar’s lawsuit sought recovery of unpaid rent and included claims for breach of contract, misrepresentation, and violation of the Washington Consumer Protection Act (CPA). The trial court found no valid contract between Millar and THI or Liberty that would obligate them to continue paying rent after the lease termination date .
Summary Judgment:
The court granted THI and Liberty’s motion for summary judgment, ruling that Millar’s claims lacked sufficient evidence and that any agreement did not extend to indefinite rent payments.
Appeal:
Millar appealed the summary judgment, arguing genuine issues of material fact regarding the existence of a contract and the duty of good faith and fair dealing.
COURT’S CONCLUSIONS
The court concluded that:
1. The Confirmation did not establish a perpetual obligation for THI to pay rent beyond the specified lease period.
2. Millar acknowledged that the lease agreement was between himself and Hartwell, not involving THI or Liberty.
3. THI had provided the required notice before terminating payments, and thus, no breach occurred .
Conclusion
The appellate court affirmed the trial court’s decision, dismissing all claims against THI and Liberty, thereby upholding the ruling that there was no enforceable contract obligating THI or Liberty to continue rent payments after the lease’s termination date.
ZALMA OPINION
Liberty, in accordance with its contract of insurance, found temporary housing for its insured while the damaged premises was repaired. It paid for a lease between the insured Hartwell and Millar for the period of reconstruction. The temporary lease expired and was extended with the agreement of Hartwell and Millar. Hartwell failed to pay all rent due so Millar sued the insurer with whom there was no contract. The good deeds of Liberty and THI arranging for the temporary housing was returned with a law suit even though they were not parties to the lease.
(c) 2025 Barry Zalma & ClaimSchool, Inc.
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When I finished my three year enlistment in the US Army as a Special Agent of US Army Intelligence in 1967, I sought employment where I could use the investigative skills I learned in the Army. After some searching I was hired as a claims trainee by the Fireman’s Fund American Insurance Company. For five years, while attending law school at night while working full time as an insurance adjuster I became familiar with every aspect of the commercial insurance industry.
On January 2, 1972 I was admitted to the California Bar. I practiced law, specializing in insurance claims, insurance coverage and defense of claims against people insured and defense of insurance companies sued for breach of contract and breach of the implied covenant of good faith and fair dealing. After 45 years as an active lawyer, I asked that my license to practice law be declared inactive ...
