Tiev v. The Standard Fire Insurance Company

Case Information

Hon. Jamal N. Whitehead

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE MALYNA TIEV and JAMES NORRIS, individually and as wife and husband, and the NO. 2:23-cv-00950 JNW marital community composed thereof, Plaintiffs, AGREED PRETRIAL ORDER v. THE STANDARD FIRE INSURANCE COMPANY, Defendant.

JURISDICTION

Jurisdiction is vested in this court by virtue of: Diversity of Citizenship pursuant to 28 U.S.C. § 1332 in that the amount in controversy exceeds $75,000; Plaintiffs Malyna Tiev and James Norris are citizens of the State of Washington and Defendant The Standard Fire Insurance Company (Standard Fire) is a Connecticut corporation with its principal place of business in Hartford, Connecticut.

This matter was originally filed in the Superior Court of the State of Washington for King County under Cause No. 23-2-10426-9 on June 20, 2023, and then was timely removed by the Defendant to Federal Court on June 26, 2023. /// ///

CLAIMS AND DEFENSES

1 The Plaintiffs will pursue at trial the following claims: (1) Consumer Protection Act 2 violations, (2) Insurance Bad Faith, (3) Negligence, (4) Insurance Fair Conduct Act violations, and 3 (5) Breach of Contract. 4 The defendant will pursue the following affirmative defenses and/or claims: 5 Standard Fire denies that it is liable to Plaintiff under any of the foregoing causes of action. 6 Standard Fire will pursue the following affirmative defenses and/or claims: 7 1. Plaintiffs were fully compensated by the liability limits of the tortfeasor Rachel Wehr and 8 therefore is not entitled to Underinsured Motorist (UIM) Benefits. 9 2. To the extent that Plaintiffs suffered damages, Plaintiffs have failed to mitigate those damages. 3. As to some or all of Plaintiffs’ claims, Plaintiffs’ Complaint fails to state a claim against Standard Fire for which relief may be granted. 4. To the extent that Plaintiffs have suffered damages, any such damages may have been caused, in whole or in part, by Plaintiffs’ own acts or omissions. 5. To the extent that Plaintiffs have suffered damages, any such damages may have been caused, in whole or in part, by the acts or omissions of third parties over whom Standard Fire has no control.

PLAINTIFFS’ ADMITTED FACTS

The following facts are admitted by Plaintiffs: A motor vehicle collision occurred on February 10, 2018 on Broadway, near 75 th 1. 21 Street, in Everett, Snohomish County, Washington involving Plaintiffs, the driver 22 following them, Racheal Wehr, and a third vehicle into which the Plaintiffs’ vehicle 23 was pushed after being impacted from the rear by Ms. Wehr’s vehicle. 24 2. A witness driving immediately behind the Wehr vehicle indicates that Racheal Wehr 25 never braked prior to impacting the rear of the Tiev vehicle, and impacted her at 26 approximately 30 mph. 27 /// 3. Rachael Wehr was fully responsible for the occurrence of the February 10, 2018 motor 1 vehicle collision (something noted in The Standard’s claims file by the UIM adjustor 2 on February 20, 2023). 3 4. Plaintiff Malyna Tiev was 0% comparatively at fault for the occurrence of the 4 February 10, 2018 collision. 5 5. Racheal Wehr was insured via Allstate Insurance Company and had $100,000 per 6 person limits in place as of February 10, 2018 (also something confirmed by The 7 Standard and noted in the UIM claims file). 8 6. Malyna Tiev filed suit against Racheal Wehr and her husband when the third-party 9 claim could not be resolved. 10 7. The Standard was Plaintiffs’ auto insurance carrier at the time of the February 2018 11 traffic collision. 12 8. The Plaintiffs had: (a) $10,000 in Personal Injury Protection (PIP) coverage on her 13 auto policy via The Standard, and (b) $100,000 per person/$300,000 per accident UIM 14 limits on her policy, as well, as of February 10, 2018. 15 9. The Standard ultimately paid its full $10,000 PIP policy limits in covering a portion 16 of the Plaintiff’s medical bills resulting from the February 10, 2018 motor vehicle 17 collision. 18 10. Trial of the third-party claim against Defendant Wehr was set for February 27, 2023 19 in Snohomish County Superior Court. 20 11. On January 17, 2023, Allstate agreed to tender its full $100,000 third-party policy 21 limits to Plaintiff to resolve her claim against Ms. Wehr. 22 12. The Standard, consistent with Hamiton v. Farmers Insurance Co., 107 Wn.2d 721 23 (1987), was formally placed on notice of the proposed third-party policy limits 24 settlement with Racheal Wehr/Allstate on January 23, 2023, given the opportunity to 25 “buy out” the underlying 3 rd Party claim, asked to waive PIP reimbursement if they 26 chose not to “buy out” the third-party claim and provided a detailed PowerPoint 27 presentation detailing the circumstances surrounding the underlying February 10, 2018 collision and Ms. Tiev’s and Mr. Norris’s claims.

13. After being placed on notice of the proposed policy limits $100,000 third-party settlement, Reid Mitsuyoshi was named by The Standard as the UIM adjustor for the Tiev-Norris claim.

14. On January 24, 2023, UIM adjustor Reid Mitsuyoshi authorized settlement with the third-party defendant(s) and formally agreed to waive all PIP subrogation/reimbursement.

15. On January 25, 2023, a UIM policy limits settlement demand with numerous exhibits, again including the detailed PowerPoint summarizing the claim, was sent to Reid Mitsuyoshi at The Standard via email link.

16. On January 26, 2023, adjustor Reid Mitsuyoshi asked an in-house, Travelers employed licensed nurse practitioner (LPN), Tanya Blachowicz, to review Ms. Tiev’s medical records and bills, and posed 4 questions for her to respond to regarding the same, noting the same in the Tiev claims file.

17. On January 27, 2023, LPN Blachowicz accepted the review assignment per the Tiev 16 claims file. 17 18. On January 30, 2023, adjustor Reid Mitsuyoshi requested records from Warrior 18 Massage which had inadvertently not been provided with the January 25, 2023 UIM 19 settlement demand despite being referenced in the same. 20 19. On January 31, 2023, the requested Warrior Massage records were sent to adjustor 21 Reid Mitsuyoshi via email link. 22 20. Also, on the morning of January 31, 2023, LPN Blachowicz finished her review of the 23 Tiev matter, noting in the claims file that she spent 3 hours reviewing the same, and 24 prepared and placed her Review Report into the claims file. 25 21. By February 20, 2023, UIM adjustor Reid Mitsuyoshi entered into The Standard 26 claims file his evaluation of the total value of Ms. Tiev’s and Mr. Norris’s claims, 27 valuing the Tiev claim at between $36,445 and $46,445 gross, but including the $3,334 in estimated Winters fees owed on the PIP in his evaluation, along with $13,111 in

1 accepted medical bills and $20,000-$30,000 in general damages to arrive at said 2 number. 3 22. Adjustor Mitsuyoshi’s evaluation of the claim, excluding the Winters fees owed as a 4 matter of law by The Standard, was thus 33.11% to 43.11% of the Allstate $100,000 5 third-party policy limits settlement offer. 6 23. No value was placed on husband James Norris’s independent loss of consortium claim per UIM adjustor Reid Mitsuyoshi’s claims file notations. 24. On February 21, 2023, UIM adjustor Reid Mitsuyoshi communicated to counsel for the claimants that in his opinion the claimants had been fully compensated by the Allstate policy limits and tendered no monetary offer on claimant’s UIM claim.

25. On March 1, 2023, via email, adjustor Reid Mitsuyoshi informed counsel for the claimants that The Standard would not agree to arbitrate the claimant’s UIM claim and provided the requested certified copy of the Tiev-Norris policy to counsel.

26. Also on March 1, 2023, in this same email, adjustor Mitsuyoshi offered to engage in pre-filing mediation, but asked that their insureds share the cost of paying the mediator.

27. In response, on March 2, 2023, counsel for the claimants informed adjustor 18 Mitsuyoshi, also via email, that consistent with Kenworthy v. Pennsylvania General 19 Insurance Co ., 113 Wn.2d 309 (1989) (insurer must pay UIM arbitration fees so as to 20 not reduce insured’s coverage) their insureds would engage in pre-filing mediation 21 only if The Standard paid 100% of the cost of the mediation, and also invited payment 22 under Geico v. Beasley of all uncontested amounts on the UIM claim given Mr. 23 Mitsuyoshi’s claim that he had not made a “zero offer.” 24 28. On March 6, 2023, adjustor Mitsuyoshi agreed that The Standard would pay the full 25 cost of the mediation and was referring the matter out to defense counsel. 26 27

29. On May 1, 2023, a half-day mediation was held with mediator Brad Davis, with The 1 Standard being represented by then-counsel Gordon Klug and the claimants by the 2 undersigned. 3 30. No monetary UIM offer was ever made to either claimant by The Standard or its 4 representatives at this mediation. 5 31. On June 20, 2023, suit was filed against The Standard by claimants in King County 6 Superior Court. 7 32. On June 26, 2023, counsel for The Standard filed a Notice of Removal, and this matter 8 was removed to Federal Court. 9 33. No offer of settlement was ever made to the claimants until June 12, 2024 when 10 present counsel for The Standard tendered an offer. 11 12

DEFENDANT’S ADMITTED FACTS

13 The following facts are admitted by Standard Fire: 14 34. A motor vehicle collision occurred on February 10, 2018 in Everett, Washington 15 involving Plaintiffs, Racheal Wehr, and a third vehicle. 16 35. Rachael Wehr was fully responsible for the occurrence of the February 10, 2018 motor 17 vehicle collision. 18 36. Plaintiff Malyna Tiev was 0% comparatively at fault for the occurrence of the 19 February 10, 2018 collision. 20 37. Racheal Wehr was insured via Allstate Insurance Company and had $100,000 per 21 person limits in place as of February 10, 2018. 22 38. Standard Fire was Plaintiffs’ auto insurance carrier at the time of the February 2018 23 traffic collision. 24 39. The Plaintiffs had: (a) $10,000 in Personal Injury Protection (PIP) coverage on her 25 auto policy via Standard Fire, and (b) $100,000 per person/$300,000 per accident UIM 26 limits on her policy, as well, as of February 10, 2018. 27 40. Standard Fire paid its full $10,000 PIP policy limits. 41. On January 17, 2023, Allstate agreed to tender its full $100,000 third-party policy

limits to Plaintiff to resolve her claim against Ms. Wehr. 42. Standard Fire was formally placed on notice of the proposed third-party policy limits settlement with Racheal Wehr/Allstate on January 23, 2023 and provided a PowerPoint presentation.

43. On January 24, 2023, UIM adjustor Reid Mitsuyoshi authorized settlement with the third-party defendant(s) and formally agreed to waive all PIP subrogation/reimbursement.

44. On January 25, 2023, a UIM policy limits settlement demand was sent to Reid Mitsuyoshi at Standard Fire. 45. On January 26, 2023, adjustor Reid Mitsuyoshi asked a licensed nurse practitioner (LPN), Tanya Blachowicz, to review Ms. Tiev’s medical records and bills. 46. On January 30, 2023, adjustor Reid Mitsuyoshi requested records from Warrior 13 Massage which had not been provided with the January 25, 2023 UIM settlement 14 demand despite being referenced in the same. 15 47. By February 20, 2023, UIM adjustor Reid Mitsuyoshi valued the Tiev claim at 16 between $36,445 and $46,445. 17 48. On February 21, 2023, UIM adjustor Reid Mitsuyoshi communicated to counsel for 18 the claimants that the claimants had been fully compensated by the Allstate policy 19 limits. 20 49. On March 1, 2023, via email, adjustor Reid Mitsuyoshi informed counsel for the 21 claimants that Standard Fire would not agree to arbitrate the claimant’s UIM claim 22 and provided the requested certified copy of the Tiev-Norris policy to counsel. 23 50. Also on March 1, 2023, in this same email, adjustor Mitsuyoshi offered to engage in 24 pre-filing mediation. 25 51. In response, on March 2, 2023, counsel for the claimants informed adjustor Mitsuyoshi 26 their insureds would engage in pre-filing mediation only if Standard Fire paid 100% 27 of the cost of the mediation. 52. On March 6, 2023, adjustor Mitsuyoshi agreed that Standard Fire would pay the full 1 cost of the mediation and was referring the matter out to defense counsel. 2 53. On May 1, 2023, a half-day mediation was held with mediator Brad Davis. 3 54. On June 20, 2023, suit was filed against Standard Fire by claimants in King County 4 Superior Court. 5 55. On June 26, 2023, counsel for Standard Fire filed a Notice of Removal, and this matter 6 was removed to Federal Court. 7

ISSUES OF LAW

8 The following are the issues of law to be determined by the court: 9 1. There is a pending motion for summary judgment filed by The Standard (Doc. No. 21) seeking dismissal of Plaintiffs’ causes of action for bad faith, negligence, violation of the Consumer Protection Act, and violation of the Insurance Fair Conduct Act.

EXPERT WITNESSES

(a) Each party has retained one (1) medical litigation expert witness and one (1) bad faith/insurance expert witness. No experts not properly identified should be allowed to testify. The names and addresses of the expert witness(es) to be used by each party at the trial and the issue upon each will testify is:

On Behalf of Plaintiffs: (b) Non-Litigation Witnesses with Expert Credentials: Plaintiff’s treating doctors,

Benjamin Lacy, M.D. and Yung Lee, M.D., may be called to testify regarding their care and treatment of Plaintiff Malyna Tiev, and can be expected to express any opinions formulated by them during the course of their treatment of the Plaintiff, or in the case of Dr. Lacy, included within his sworn Declaration previously executed by him, including the permanency of the Plaintiff’s injuries and symptoms. They are, however, treating physicians of Plaintiff Tiev, not litigation experts, but may still be expected to express any opinions contained in their records, Reports, Declarations or formulated by them during the course of their care and treatment of the Plaintiff. Depositions of Dr. Lee and Dr. Lacy were not requested. ///

(c) The names and address of the litigation-retained expert witness(es) to be used by each 1 party at the trial and the issue upon which each will testify is: 2 3

1. David E. Spanier, MD 4035 120 th Avenue SE Bellevue, WA 98006

Dr. Spanier is board certified in physical medicine and rehabilitation, as well as in pain medicine. Dr. Spanier will offer expert opinion medical testimony regarding all matters contained in his deposition previously taken herein, as well as in his report dated January 3, 2023, and his addendums to the same dated January 16, 2023, January 19, 2023, and July 23, 2024.

These opinions will include, but are not necessarily limited to the following topics: opinions and conclusions about the nature and extent of the Plaintiff’s crash-related injuries, the reasonableness, necessity and crash-relatedness of the Plaintiff’s claimed past treatment and medical bills (to the extent necessary), any opinions he may have regarding the Plaintiff’s pre-crash medical history and alleged pre-existing conditions (or the absence or non-symptomatic nature thereof), any opinions he may have regarding the appropriateness and crash- relatedness of Plaintiff’s post-crash treatment, the permanency of the Plaintiff’s injuries and her future treatment needs, and the costs thereof.

He can also be expected to comment upon the defense medical examination report(s) of defendant’s hired physician, upon the comments from Tanya Blachowicz, the in-house LPN who reviewed the Plaintiff’s claim for The Standard, the nature and estimated costs of Plaintiff’s future care and care needs (if any), and will further employ one or more of the anatomical illustrations/ drawings/medical aids/items to illustrate the specific nature, location and extent of the Plaintiff’s incident-related injuries and treatment, including her past injections, and will otherwise explain the Plaintiff’s injuries via use of the same.

Dr. Spanier will, in addition to those items referred to/listed in his report (if issued), also review the Plaintiff’s relevant medical records, any reports/Declarations from other treating or expert health care providers, reports from defense experts, the Plaintiff’s diagnostic films and/or billings, her interrogatory responses, her deposition, the depositions of other relevant health care providers or persons and may rely upon the same as a basis for his testimony and/or in testifying at the time of trial. He will also testify about his conversation with Dr. Lee, the Plaintiff’s current treating physician at Evergreen Health, as well.

2. Rob Dietz

PMB 390

3405 172 nd St. NE, #5 Arlington, WA 98223

Mr. Dietz is an expert with respect to claims handling and claims practices. Mr. Dietz will offer expert testimony regarding all matters contained in his report dated March

18, 2024, including his opinions and conclusions about the bad faith actions of Standard Fire in the handling and adjustment of the Tiev-Norris claim, as well as to all matters addressed or touched upon by him in his deposition taken herein.

He can also be expected to comment upon the report and opinions of Jerry Hartmann, defendant’s hired claims specialist (if any) and will further base his opinions upon the depositions taken herein of the parties and their representatives, including the Plaintiffs, adjustor Reid Mitsuyoshi and in-house LPN Tanya Blachowicz, as well as reports issued by Mr. Hartmann in other cases for defense counsel and/or Standard Fire/Travelers in the past.

3. Dr. Benjamin Lacy Pacific Medical Centers 19401 40 th Avenue W Suite 230 Lynnwood, WA 98036 See, subsection (b) above. 4. Dr. Yung Lee EvergreenHealth Evergreen Rehabilitation Services 12039 NE 128 th St Ste 500, Kirkland, WA, 98034 See, subsection (b) above, and the July 23, 2024, report of Dr. Spanier detailing his

conversation with Dr. Lee about Ms. Tiev. On behalf of Defendant 1. Dr. Patrick N. Bays

c/o Lether Law Group 1848 Westlake Ave, Suite 100 Seattle, WA 98109

1 (206) 467-5444 2

Dr. Patrick N. Bays is a board-certified orthopedic surgeon who performed Plaintiff 3 Malyna Tiev’s Independent Medical Evaluation. Dr. Patrick N. Bays will be called to testify as to 4 the examination, his report, the nature and extent of Plaintiff’s injuries, as well as her damages. 5 2. Gerald Hartmann c/o Lether Law Group 1848 Westlake Ave. N., Ste. 100 Seattle, WA 98109 (206) 467-5444

Mr. Hartmann is Standard Fire’s claims handling expert. Mr. Hartmann will be called to testify to his opinions that SF’s conduct was consistent with industry custom and standard for the handling of UIM insurance claims.

OTHER WITNESSES

The names and addresses of witnesses, other than experts, to be used by each party at the time of trial and the general nature of the testimony of each are: (a) On behalf of Plaintiffs: Witness Address Testimony Will Testify/ By Possible Depo Malyna Tiev c/o Quick |Law Group Regarding the Will Testify 1621 114 th Ave SE allegations made in the Suite 228 Complaint in this matter, Bellevue, WA 98004 including damages.

James Norris c/o Quick |Law Group Regarding the Will Testify 1621 114 th Ave SE allegations made in the Suite 228 Complaint in this matter, Bellevue, WA 98004 including damages.

Reid c/o Lether Law Group Regarding UIM claims By Mitsuyoshi 1848 Westlake Ave N handling Depo

Suite 100 Seattle, WA 98109

Witness Address Testimony Will Testify/ By 1 Possible Depo Tanya c/o Lether Law Group Regarding Defendant’s By 2 Blachowicz, 1848 Westlake Ave N medical opinion Depo 3 LPN Suite 100 Seattle, WA 98109 4 Dr. Yung Lee EvergreenHealth Regarding Malyna Possible 5 Evergreen Tiev’s injuries from the 6 Rehabilitation Services February 10, 2018 12039 NE 128 th St Ste

traffic collision 7 500, Kirkland, WA, 98034

8 9

Dr. Benjamin Pacific Medical Regarding Malyna Possible Lacy Centers Tiev’s injuries from the

10 19401 40 th Avenue W February 10, 2018 Suite 230 traffic collision Lynnwood, WA 98036

Tracy Jacoby 2024 Columbia Ave. Regarding the February Possible Everett, WA 98203 10, 2018 traffic collision (last known address) and all matters discussed

in her sworn Declaration dated 1/30/23. 2409 74 th Street S.E. Racheal Wehr Regarding the February Possible

Everett, WA 98203 10, 2018 traffic collision (last known address) and all matters testified

to her in her deposition taken in the underlying 3 rd party action.

(b) On Behalf of Defendant: Witness Address Testimony Will Testify/ By Possible Depo Reid c/o Lether Law Group Regarding Standard Will Testify Mitsuyoshi 1848 Westlake Ave N Fire's claims handling

Suite 100 and evaluation of Seattle, WA 98109 Plaintiffs claim, and

Standard Fire's affirmative defenses.

///

EXHIBITS

(a) Plaintiffs’ Exhibits Ex. # Description Authenticity Admissibility Objection Admitted 1 Police Report Agreed Disputed FRE 802 2 Dec – Tracy Jacoby Agreed Disputed FRE 802 3 Wehr car photo 1 Agreed Agreed

(front of vehicle) 4 Wehr car photo 2 Agreed Agreed (front of vehicle) 5 Wehr car photo 3 Agreed Agreed (rear of vehicle) 6 Tiev vehicle photo – Agreed Agreed rear end 7 Third involved Agreed Agreed vehicle photo – rear end

8 Wehr vehicle Prop Agreed Disputed FRE 802 damage repair cost FRE 702 9 Tiev vehicle prop Agreed Disputed FRE 802 damage repair cost FRE 702 10 Scene with debris Agreed Agreed photo 11 UIM claim Agreed Disputed FRE 802 PowerPoint FRE 602 FRE 704 MIL FRE 805

12 Chart Note 2/14/18 Agreed Disputed FRE 802 (Burdine) FRE 702 13 Chart Note 2/28/18 Agreed Disputed FRE 802 (Phone Encounter) FRE 702 14 Chart Note 2/28/18 Agreed Disputed FRE 802 (Burdine) FRE 702 15 Chart Note 4/3/18 Agreed Disputed FRE 802 (Phone Encounter) FRE 702 16 Chart Note 4/12/18 Agreed Disputed FRE 802 (Burdine) FRE 702 17 Chart Note 5/24/18 Agreed Disputed FRE 802 (Burdine) FRE 702 18 Chart Note 6/19/18 Agreed Disputed FRE 802 (Lacey) FRE 702 19 Chart Note 7/20/18 Agreed Disputed FRE 802 (Lacey) FRE 702 20 Chart Note 12/10/19 Agreed Disputed FRE 802 (Lacey) FRE 702 21 Chart Note 8/23/22 Agreed Disputed FRE 802

FRE 702

22 Declaration Benjamin Agreed Disputed FRE 802 Lacey, MC FRE 804 23 Spanier Initial Report Agreed Disputed FRE 802 1/3/23 FRE 804 17 24 Spanier Report Agreed Disputed FRE 802 Addendum 1/16/23 FRE 804 18 19

25 Spanier Report Agreed Disputed FRE 802 Addendum 1/19/23 FRE 804 20 26 Spanier Report Agreed Disputed FRE 802 21 Addendum 7/23/24 FRE 804 22 27 Report of Ron Dietz Agreed Disputed FRE 802 23 dated 3/18/24 FRE 804 24 28 Chart Note – Dr. Lee Agreed Disputed FRE 802 4/2/24 FRE 804 25 26 29 Chart Note – Dr. Lee Agreed Disputed FRE 802

5/9/23 FRE 702 27 1 30 Chart Note – Dr. Lee Agreed Disputed FRE 802 2 6/13/23 FRE 702 3 31 Records – Agreed Disputed FRE 802 4 EvergreenHealth – FRE 702 Lee records (5.9.23 –

5 5.18.23) 32 Bills – Pacific Agreed Disputed FRE 802 Medical Centers FRE 702 33 Bills – Vida Agreed Disputed FRE 802 Integrated Health – FRE 403 Chiropractic

34 Bills – Vida Agreed Disputed FRE 802 Integrated Health - FRE 403 Massage

35 Bills – Vida Agreed Disputed FRE 802 Integrated Health – FRE 403 Physical Therapy

36 Bills – Daisy Herb Agreed Disputed FRE 802 Acupuncture FRE 403 37 Bills – Warrior Agreed Disputed FRE 802 Massage FRE 403 38 Bills – Agreed Disputed FRE 802 EvergreenHealth – FRE 403 4/2/23

39 Bills – Agreed Disputed FRE 802 EvergreenHealth – FRE 403 5/9/23

23 40 Bills – Agreed Disputed FRE 802 24 EvergreenHealth FRE 403 6/13/23 25 41 Order Granting Agreed Disputed FRE 802 26 Plaintiff’s MSJ on FRE 403 27 Bills (6/24/22) 42 High-Density Round Agreed Disputed FRE 802 Foam Roller receipt FRE 403 43 Massage gun and Agreed Disputed FRE 802 neck massager receipt FRE 403

FRE 402

44 Ergonomic office Agreed Disputed FRE 802 chair receipt FRE 403

FRE 402

45 Thera Cane massager Agreed Disputed FRE 802 receipt FRE 403

FRE 402

46 Adjustable computer Agreed Disputed FRE 802 stand receipt FRE 403

FRE 402

47 Back and neck Agreed Disputed FRE 802 massager pillow FRE 403 receipt FRE 402

48 Photo Ergo desk 1 Agreed Disputed FRE 802 FRE 403 FRE 402

49 Photo Ergo desk 3 Agreed Disputed FRE 403 50 Photo Ergo Keyboard Agreed Disputed FRE 403 51 Photo at work; back Agreed Disputed FRE 403

support visible 52 Photo at work; Agreed Disputed FRE 403 support on mid-upper back

53 Illustrative – Trigger Agreed Disputed FRE 403 Point Injections 1 54 Illustrative – Trigger Agreed Disputed FRE 403 Point Injections 2 55 Illustrative – Trigger Agreed Disputed FRE 403 Point Injections 3 56 Illustrative – Medial Agreed Disputed FRE 403 Branch Block 1 57 Illustrative – Medial Agreed Disputed FRE 403 Branch Block 2 58 Illustrative – Medial Agreed Disputed FRE 403 Branch Block 3 59 Photo – Malyna – Agreed Disputed FRE 403 Close-up 60 Photo – Malyna – Agreed Disputed FRE 403 Close-up of MT 61 Photo Malyna in front Agreed Disputed FRE 403 of Henredon sign 62 Photo – Malyna – Agreed Disputed FRE 403 Hiking with 3 others 63 Photo Malyna hiking Agreed Disputed FRE 403 on trail 64 Photo Malyna on trail Agreed Disputed FRE 403 above lake 65 Photo Malyna – Agreed Disputed FRE 403 mechanical bull riding

66 Photo Malyna skiing Agreed Disputed FRE 403 at top of slope 67 Photo Malyna – in Agreed Disputed FRE 403 flowers 68 Photo Malyna with Agreed Disputed FRE 403 dolphin 69 Photo Malyna-Jim Agreed Disputed FRE 403 hiking at Multnomah Falls

70 Photo snowboarding Agreed Disputed FRE 403 at top of mountain 71 Photo car racing Agreed Disputed FRE 403 72 Photo Snowboarding Agreed Disputed FRE 403 73 Photo on elephant in Agreed Disputed FRE 403

Cambodia 74 Photo Malyna in Agreed Disputed FRE 403 White Dress; Space Needle in view

75 Photo Malyna with Agreed Disputed FRE 403 boys in car 76 Photo Tiev family in Agreed Disputed FRE 403 front of christmas tree 77 Photo Kids with Agreed Disputed FRE 403 Aunt-Uncle 78 Photo Sister Agreed Disputed FRE 403 Channary Tiev with family in Cambodia

79 Photo sons on play Agreed Disputed FRE 403 scooter 80 Family photo (J, T, Agreed Disputed FRE 403 Kids and A-U) 81 Photo Malyna hiking Agreed Disputed FRE 403 Multnomah Falls 82 Photo Wedding in Agreed Disputed FRE 403 Cambodia 1 83 Photo Wedding in Agreed Disputed FRE 403 Cambodia 2 84 Photo Wedding in Agreed Disputed FRE 403 Cambodia 3 85 Photo Wedding in Agreed Disputed FRE 403 Cambodia 4 86 Photo US Agreed Disputed FRE 403 Naturalization certificate

87 Photo Malyna at work Agreed Disputed FRE 403 with massager (family on screen)

88 Photo Boeing PT (1) Agreed Disputed FRE 403 89 Photo Boeing PT (2) Agreed Disputed FRE 403 90 Photo Boeing PT (3) Agreed Disputed FRE 403 91 Photo using massage Agreed Disputed FRE 403

gun at work 92 Photo using neck unit Agreed Disputed FRE 403 in work chair 93 Photo spinal massage Agreed Disputed FRE 403 unit 94 Photo using massage Agreed Disputed FRE 403 unit - mid back at work

95 Photo using Agreed Disputed FRE 403 Theracane massager at work

96 Life Expectancy table Agreed Disputed FRE 403

(WPI)

97 The Standard PIP Agreed Disputed FRE 403 Payment log FRE 402 98 Claims File excerpts Agreed Disputed FRE 403

(TSFIC_000001-63;

FRE 402 1099-1103; 1143)

25 99 Photo Aung-Uncle Agreed Agreed 26 with Jake as Baby 27 100 1/24/23 Ack Rep - Agreed Disputed FRE 403 Waive PIP 101 1/23/23 - Hamilton Agreed Disputed FRE 403 Letter - Tiev FRE 802 FRE 602 FRE 402

102 2/21/23 Mitsuyoshi - Agreed Disputed FRE 408 fully compensated FRE 802 email FRE 602

FRE 402

103 3/1/23 Refusal to Arb Agreed Disputed FRE 802 - Split Mediation FRE 602

FRE 403

104 3/2/23 Mediation Agreed Disputed FRE 802 payment - Beasley FRE 602 provided FRE 403

105 3/6/23 Agreement to Agreed Disputed FRE 802 pay for mediation FRE 602

FRE 403

106 Chart Note 11/19/18 Agreed Disputed FRE 802 (Burdine) FRE 602

FRE 403

107 Chart Note - 3/7/19 Agreed Disputed FRE 802 (Burdine) FRE 702 108 Chart Note - 3/9/19 Agreed Disputed FRE 802 standing desk FRE 702 accommodation (Burdine)

109 Chart Note - 11/12/19 Agreed Disputed FRE 802 (Sieberson for FRE 702 Burdine)

110 Medical Cost Agreed Disputed FRE 802 Summary FRE 403 ($19,055.12)

26 111 EvergreenHealth FRE 802 27 Xrays of C-Spine FRE 702 dated 5.9.23

N/A Demonstrative: Because this Medial Branch Block exhibit is Syringe designated

as demonstrati ve, and will presumably not be offered into evidence, no objection to this exhibit is necessary at this time. Defendant reserves the right to assert any objections to the content or use of said exhibit at the time of trial.

N/A Demonstrative: Because this Trigger Point exhibit is Injection Syringe designated

as demonstrati ve, and will presumably not be offered into evidence, no objection to this exhibit is necessary at this time. Defendant reserves the right to assert any objections to the content or use of said exhibit at the time of trial.

N/A Demonstrative: Because this Imaging exhibit is designated as demonstrati ve, and will presumably not be offered into evidence, no objection to this exhibit is necessary at this time. Defendant reserves the right to assert any objections to the content or use of said exhibit at the time of trial.

(b) Defendant’s Exhibits Ex. # Description Authenticity Admissibility Objection Admitted A-1 Policy 995058083 Admitted Disputed FRE 802

203 1 26 A-2 Redacted Claim File Admitted Disputed FRE 802 27 FRE 402 FRE 403

1 Also 2 disputed by 3 Defendants (Exh. 97)

4 A-3 Photos of Tiev Admitted Admitted so 5 Vehicle long as all 6 vehicle photos and property 7 damages cost records are

8 also admitted; 9 otherwise, disputed (Exh.

10 3-10) A-4 Clinical Notes from Admitted Disputed and ER 802 Dr. Ramona Burdine already ER 702 disputed by Defendants (Exh. 12-16)

A-5 Clinical Notes from Admitted Same as A-4 Same as A- Dr. Nha Ke Ton 4 A-6 Chart Notes from Admitted Disputed Same as A- Chiropractor Jimmy 4; not what Greer it is

purported to be – is 4/12/18 Burdine chart note

A-7 Clinical Notes for Admitted Disputed Objected to Trigger Point by Def’s Injections already

(Exh. 18);

FRE 802,

702

26 A-8 Clinical Notes from Admitted Disputed Incomplete 27 Medical Assistant record; Alix M. Koppisch disputed 1 already by 2 Def’s (Exh. 3

18); FRE

802, 702

A-9 Discharge Admitted Disputed Incomplete Evaluation from record, Chris insurance Soterakopoulos, PT and

collateral information

; FRE 802,

702

A-10 Chart Note from Dr. Admitted Disputed Incomplete Ramona Burdine record;

FRE 802,

702

A-11 Underlying Admitted Disputed Irrelevant; Complaint contains police report Def’s have objected to (Exh. 1); FRE 402- 403; FRE 802, 702

19 A-12 Underlying Answer Admitted Disputed FRE 402- 20

403; FRE

21 802, 702; Irrelevant

22 A-13 Underlying Admitted Disputed Irrelevant 23 Statement of 24 Arbitrability 25

A-14 Chart Notes from Admitted Disputed Already 2nd Trigger Point objected to 26 Injection by Def 27 (Exh. 21); incomplete 1 record; 2

FRE 802,

3 702 4 A-15 Arbitration Award Admitted Disputed Wholly irrelevant; 5

FRE 402-

6 403;

SCCAR

7 7.2-7.3;

MIL

8 9 A-16 Dr. Bays’ IME Admitted Disputed FRE 802,

Report 804; 10 Plaintiff’s IME report

11 objected to 12 by Def’s also (Exh.’s

13 23-26) NA Illustrative – Claims Agreed Disputed FRE 403; Handling Timeline because this exhibit is attorney- created and illustrative only, and will presumably not be offered into evidence, no objection is necessary at this time, but if offered, this exhibit will be objected to, and all other objections are reserved, as Defendants have done with Plaintiff’s demonstrati ve exhibits

(N/A –

following Exh.110)

NA Illustrative – Agreed Disputed Same as Medical Treatment N/A above Timeline

NA Illustrative – Policy Language Powerpoint

ACTION BY THE COURT

(a) This case is scheduled for a bench trial on October 21, 2024, at 9:00 AM. (b) Trial briefs shall be filed by October 7, 2024, and a Pretrial Conference is scheduled

for October 14, 2024. This order has been approved by the parties as evidenced by the signatures of their counsel. This order shall control the subsequent course of the action unless modified by a subsequent order. This order shall not be amended except by order of the Court pursuant to agreement of the parties or to prevent manifest injustice.

DATED this 15th day of October, 2024.

A

HON. JAMAL N. WHITEHEAD UNITED STATES DISTRICT JUDGE

///

FORM APPROVED

s/ Bradford J. Fulton Bradford J. Fulton, WSBA #18036 Matthew D. Quick, WSBA #47455

QUICK | LAW GROUP, PLLC

1621 114 th Avenue SE, Suite 228 Bellevue, WA 98004 Phone (425) 576-8150/Fax (206)694-2587 Brad@QuickLawGroupPLLC.com Matt@QuickLawGroupPLLC.com Attorneys for Plaintiffs s/ Ellen McGraw Eric J. Neal, WSBA #31863 Ellen McGraw, WSBA #60240

LETHER LAW GROUP

1848 Westlake Ave N., Suite 100 Seattle, WA 98109

P: 206-467-5444 / F: 206-467-5544

eneal@letherlaw.com emcgraw@letherlaw.com Attorneys for Defendant The Standard Fire Insurance Company

CERTIFICATE OF SERVICE

1 I hereby certify that on the date below written, I electronically filed the foregoing with the 2 Clerk of the Court using the Court’s CM/ECF system and caused to be served a true and correct copy of the same to the parties of record below: 3 4

Eric J. Neal, WSBA #31863 Ellen McGraw, WSBA #60240

5

LETHER LAW GROUP

6 1848 Westlake Ave N., Suite 100 Seattle, WA 98109 7

P: 206-467-5444 / F: 206-467-5544

eneal@letherlaw.com; emcgraw@letherlaw.com

8 Attorneys for The Standard Fire Insurance Company 9 10 Dated this 30th day of September, 2024, at Bellevue, Washington. 11 s/ Shannon Liberio 12 Shannon Liberio, Paralegal Quick | Law Group, PLLC

13 1621 114 th Avenue SE, Suite 228 Bellevue, Washington 98004 Phone: (425) 576-8150

Case Details

Case Name: Tiev v. The Standard Fire Insurance Company

Court Name: District Court, W.D. Washington

Date Published: Oct 15, 2024

Docket Number: 2:23-cv-00950

Court Abbreviation: W.D. Wash.