No. 26887 (December 26, 2008)
Opinion pdf
OPINION OF THE COURT BY NAKAYAMA, J.
Plaintiff-Appellant Priscilla Young ("Young") appeals from the third circuit court's ("circuit court") September 17, 2004 final judgment in favor of Defendant-Appellee Allstate Insurance Company ("Allstate") and Defendant-Appellee Mark T. Ichiyama ("Ichiyama") (collectively referred to as "Defendants").
On appeal, Young argues the circuit court erred by granting Defendants' motion to dismiss Young's complaint for failure to state a claim where Defendants are liable for (1) abuse of process, (2) malicious defense, (3) assumed duty of good faith and fair dealing, and (4) intentional infliction of emotional distress ("IIED") for making false allegations about her, refusing to settle, and appealing the arbitration award in furtherance of Allstate's policies. Based upon the following analysis, we (1) affirm the circuit court's September 17, 2004 judgment in favor of Defendants on Young's claims for abuse of process, malicious defense, and breach of an assumed duty of good faith and fair dealing, {2) vacate the circuit court's September 17, 2004 judgment on Young's IIED claim, and (3) remand the case for further proceedings. [footnote omitted]
Concurring and Dissenting Opinion by J. Levinson, in which J. Acoba joins [pdf]
