Competing Inferences About Intent or Falsity Defeats Summary Judgment
Post number 5360
Dispute Over Material Facts Makes Summary Judgment Impossible
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In Darlene Mendoza Gonzales v. Safeco Insurance Company Of America, No. 2:24-cv-01832-RAJ, United States District Court, W.D. Washington, Seattle (May 22, 2026) Plaintiff Darlene Mendoza Gonzales owned a home in Tacoma, Washington insured under a Safeco homeowner’s policy.
FACTUAL BACKGROUND
For the second loss, Gonzales retained Pacific Public Adjusters (PPA), which submitted repair estimates substantially higher than Safeco’s estimate.
LAW – SUMMARY JUDGMENT STANDARD
Summary judgment is appropriate only where there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law under Rule 56. Courts do not weigh evidence or resolve credibility disputes at this stage.
INSURANCE FAIR CONDUCT ACT (IFCA)
Under Washington law, an insured may maintain an IFCA claim by showing that the insurer unreasonably denied coverage or unreasonably denied payment of benefits.
BREACH OF CONTRACT
An insurer may breach its contractual obligations by failing to conduct a reasonable investigation, by making a compromise offer based on speculation or inaccurate information.
BAD FAITH / NEGLIGENT CLAIMS HANDLING / CPA
An insurer acts in bad faith when its conduct is unreasonable, frivolous, or unfounded.
FRAUD COUNTERCLAIM
Fraud requires proof of intentional misrepresentation or concealment.
DISCUSSION / ANALYSIS - Safeco’s Motion
The court denied Safeco’s request for summary judgment on Gonzales’s IFCA claim because the record contained conflicting evidence about whether Safeco’s April 2024 payment was a reasoned valuation or an unreasonably low offer.
The disputed facts prevented the court from concluding as a matter of law that Safeco acted reasonably.
Gonzales’s Motion
The court denied Gonzales’s request for summary judgment on Safeco’s fraud counterclaim.
Because neither side prevailed on summary judgment, the court declined to reach Safeco’s arguments concerning Gonzales’s entitlement to attorneys’ fees under IFCA and the CPA.
CONCLUSION
The court denied both parties’ motions for summary judgment in full. It held that the record contained multiple genuine disputes.
ZALMA OPINION
Summary judgment is a wonderful tool to resolve lawsuits short of trial. However, it only works when all of the facts resolve all disputes.
(c) 2026 Barry Zalma & ClaimSchool, Inc.
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Arsonist Tried To Represent Himself, Failed, and Sought Habeas Relief
Post number 5357
Read the full article at https://www.linkedin.com/pulse/he-who-acts-his-own-lawyer-has-idiot-client-barry-zalma-esq-cfe-d4bwc, See the full video at and at and at https://zalma.com/blog.
Karacson’s Arson for Profit Attempt Required Skill & Experience to Succeed
In Steve Ellis Karacson v. David Shaver, Warden, No. 25-1089, United States Court of Appeals, Sixth Circuit (May 20, 2026) Steve Karacson was convicted in Michigan state court of arson and insurance fraud after evidence showed he burned his own insured home. Investigators found multiple points of origin, gasoline odor, and evidence tying him to the scene, including cell-phone location data and a receipt showing he had purchased a gas can and gloves shortly before the fire.
FACTS
Karacson initially had appointed counsel, but his relationships with both appointed attorneys ...
Foolish to Repeatedly Disobey Court Orders
All That Remains For Trial Is Plaintiff’s Damages On Each Of These Claims And Establishing Proximate Causation Of Those Damages.
Post number 5348
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In Linh Wang v. Esurance Insurance Company, No. C24-0447-JCC, United States District Court, W.D. Washington, Seattle (May 1, 2026) John C. Coughenour, United States District Judge, found that throughout this case, culminating with its briefing on Plaintiff’s renewed motion and that Defendant has subjected Plaintiff to unnecessary motion practice for clearly discoverable information and made dubious representations (including to the Court).
FACTUAL BACKGROUND
This case involves an underinsured/uninsured motorist insurance bad faith claim arising from a 2017 motor vehicle collision. The plaintiff, Linh Wang, alleges that Esurance Insurance ...
The Right to Negotiate with Insurer is Not an Assignment of Claims
Post number 5347
Read the full article at https://www.linkedin.com/pulse/ambiguous-contract-repair-assignment-barry-zalma-esq-cfe-2xppc, see the full video at https://rumble.com/v79is1s-ambiguous-contract-to-repair-not-an-assignment.html and at and at https://zalma.com/blog plus more than 5300 posts.
Nebraska Requires an Actual Assignment to Allow Contractor to Sue Insurer
In Millard Gutter Company, a corporation doing business as Millard Roofing and Gutter v. Farmers Mutual Insurance Company of Nebraska, also known as Farmers Mutual Insurance, also known as Farmers Mutual, No. A-24-818, Court of Appeals of Nebraska (May 5, 2026) Millard sued Farmers as an assignee of Jane Anzalone who had hired Millard Gutter to repair the roof of her home and agreed to allow Millard Gutter to coordinate with her insurer, Farmers Mutual, concerning reimbursement for repairs authorized under her insurance policy.
FACTUAL BACKGROUND
In ...
Was Insurance Fraud Attempted to Avoid Paying Child Support
No Matter How Contentious Divorce Seldom Charges the Parties with Fraud
Post number 5358
In Katherine Jane Macdonald v. Bryce Inglis Macdonald v. Mckenzie Cronk, LLC, and Denison Cronk, LLC, No. COA24-759, Court of Appeals of North Carolina (May 6, 2026).
The marital estate included multiple real properties, safe deposit boxes, insurance proceeds, rental income, retirement accounts, and two LLCs — Denison Cronk, LLC and McKenzie Cronk, LLC (Patio Playground).
FACTS
The court concluded that Wife’s actions “were undertaken knowingly and voluntarily to conceal income for the Patio Playground and in an effort to conceal potential insurance fraud.”
On the insurance proceeds, she claimed that because the checks were deposited into marital accounts, the court could not find she personally “received” them.
Law
Equitable distribution orders are reviewed to determine whether the findings are supported by competent evidence and whether ...
Plaintiff May Try Again to get a Judgment
Posted on May 22, 2026 by Barry Zalma
Just Because a Defendant Defaults Evidence is Needed to get a Judgment
Even on a Default Motion the Plaintiff Must Do More Than Rely on Conclusory Allegations.
Post number 5356
The Commissioners Of The State Insurance Fund v. Capcon Construction Industries Corp., Capcon Construction Supply Corp., Jab Masonry Corp., Agra Masonry Inc., Agra Industries Usa Corp, A & A Masonry Corp., Alexander Shvartsberg, Darren Caputo, Maryann Furman, Index No. 452680/2024, MOTION SEQ. No. 003, 2026 NY Slip Op 31767(U), Supreme Court, New York County (April 20, 2026)
FACTS
The Commissioners of the State Insurance Fund (SIF) had already obtained two judgments for unpaid workers’ compensation insurance premiums: one against A\&A Masonry Corp. and another, much larger one, against Agra Masonry Inc. SIF then brought this action against several related corporations and individuals, alleging that they all operated as a single de facto enterprise and that assets had ...
Plaintiff May Try Again to get a Judgment
Posted on May 22, 2026 by Barry Zalma
Just Because a Defendant Defaults Evidence is Needed to get a Judgment
Even on a Default Motion the Plaintiff Must Do More Than Rely on Conclusory Allegations.
Post number 5356
The Commissioners Of The State Insurance Fund v. Capcon Construction Industries Corp., Capcon Construction Supply Corp., Jab Masonry Corp., Agra Masonry Inc., Agra Industries Usa Corp, A & A Masonry Corp., Alexander Shvartsberg, Darren Caputo, Maryann Furman, Index No. 452680/2024, MOTION SEQ. No. 003, 2026 NY Slip Op 31767(U), Supreme Court, New York County (April 20, 2026)
FACTS
The Commissioners of the State Insurance Fund (SIF) had already obtained two judgments for unpaid workers’ compensation insurance premiums: one against A\&A Masonry Corp. and another, much larger one, against Agra Masonry Inc. SIF then brought this action against several related corporations and individuals, alleging that they all operated as a single de facto enterprise and that assets had ...
