Flint v. Allstate Ins. Co., Unpublished Division One Opinion (March 4, 2019).
http://www.courts.wa.gov/opinions/pdf/772414.pdf
The Flints filed for quiet title against Allstate and its insured based on adverse possession, and recorded a lis pendens against the insured’s property. Allstate was then dismissed under a CR 41(a) motion filed by the Flints, but intervened in the quiet title action under CR 24.
In a different lawsuit, the insured had sued Allstate for breach of an insurance policy. Allstate received a Final judgment in its favor, awarding Allstate damages against the insured for just under $360,000.
In the quiet title action, the trial court entered an order denying Allstate’s MSJ, finding Allstate did not have standing to challenge the Flint’s adverse possession claim. The Flint’s MSJ for quiet title to the insured’s property was granted.
Allstate appealed, contending it has standing in the quiet title action. Division One found that though Allstate does not have a lien against the insured’s property, its Judgment for almost $360,000 establishes a “substantial interest” in the outcome of the quiet title action. Division One reversed the trial court’s decision that Allstate did not have standing and vacated the order of quiet title.
Disclaimer: The opinions expressed in in this blog are those of the author and do not necessarily reflect those of Soha & Lang, P.S. or its clients.