Timothy Lundquist v. Seattle School District 1, et ano. (855891)
Standard Insurance Company (Standard) issued a group disability policy to the Seattle School District (SSD) and 17 other school districts in Washington. Timothy Lundquist worked for SSD as a school teacher until he became disabled. Lundquist applied for disability coverage, which Standard approved. However, Standard determined that the coverage of insured earnings did not include Time, Responsibility, and Incentive (TRI), employer’s contributions for deferred compensation, or health insurance. Lundquist brought a claim against Standard, alleging that the policy language includes TRI, deferred compensation, and health insurance. Lundquist certified a class, including all policy holders, for the claims against Standard. He moved for summary judgment on the interpretation of identical coverage provisions in the SSD and Central Kitsap School District’s similar policies. Standard opposed the motion and sought summary judgment against the class on all 18 policies. Standard also moved to decertify the class. The trial court denied Lundquist’s motion and granted Standard’s motion, decertifying the class and holding that policy coverage of insured earnings does not include TRI, deferred compensation, or health insurance. The court also denied Lundquist’s motion to amend to add a Consumer Protection Act (CPA) claim. Lundquist appeals. COA#855891, King County Superior Court #19-2-0260-73.