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IN THE SUPREME COURT OF THE STATE OF WASHINGTON

DAVID MOELLER, Respondent, v. farmers insurance company of washington and farmers insurance exchange, Petitioners. EN BANC NO. 84500-0

Filed December 22, 2011

STEPHENS, J.--In this class action against Farmers Insurance Company of Washington and Farmers Insurance Exchange (Farmers), we must decide if a contract between an auto insurer and its insured provides coverage for the diminished value of a postaccident, repaired car. This case also requires us to consider whether the class here was properly certified. We affirm the Court of Appeals and hold that the policy language at issue allows recovery for diminution in value and that the class was properly certified.

Moeller v. Farmers Ins. Co. of Wash. & Farmers Ins. Exchange, 84500-0

Facts and Procedural History In November 1998, David Moeller's 1996 Honda Civic CRX was damaged in a collision. Moeller had an insurance policy through Farmers. The parties cite the following portions of the insurance contract as relevant:
DEFINITIONS .... Accident or occurrence means a sudden event, including continuous or repeated exposure to the same conditions, resulting in bodily injury or property damage neither expected nor intended by the Insured person. .... Damages are the cost of compensating those who suffer bodily injury or property damage from an accident. .... Property damage means physical injury to or destruction of tangible property, including loss of its use. .... PART IV

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Washington Law