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Subrogating Insurer/Collector Threatens to Credit Report

Posted: Fri May 25, 2007 7:42 pm
by David A. Szwak
Alleged tortfeasors sustained injury caused by collection agency's practice of sending deceptive notices to alleged tortfeasors to collect on automobile insurers' subrogation claims, even though they made no payment and obtained attorneys' advice and one alleged tortfeasor recovered damages; the alleged tortfeasors spent time and incurred costs for credit reports and credit watch services to investigate fear of damaged credit, and even though one alleged tortfeasor consulted attorney representing her on her personal injury claim, her expenses for that consultation were caused by the notices. West's RCWA 19.86.020, 19.86.090.

Stephens v. Omni Ins. Co.
--- P.3d ----, 2007 WL 1180497
Wash.App. Div. 1,2007.
April 23, 2007