Bad Faith, Consumer Protection Claims Dismissed Where Insured Committed Fraud against Insurer

In Ki Sin Kim v. Allstate Ins. Co., Inc., 2009 WL 4043373 (Wash.App. Div. 2), Ki Sin Kim was injured when a vehicle driven by an uninsured motorist crossed the center line and collided with her vehicle. Kim filed claims requesting coverage for her medical bills and wage loss under the PIP and UIM provisions of her Allstate insurance policy. Allstate investigated and denied coverage because Kim had misrepresented the nature and extent of her injuries and her ability to work. Kim sued Allstate for nonpayment, arguing that it acted in bad faith and in violation of the Consumer Protection Act (CPA) when it refused to pay her emergency room bills and when it “merged” her UIM and PIP files.