or, alternatively, that Unum waived that condition precedent. Separately, Plaintiff seeks a declaratory judgment that the grace period provided by the Master Policy applies to Keith Matheny, and that Unum breached its contract by denying Plaintiffs claim without applying the grace period. (i). Estoppel The elements of estoppel are: (1) an admission, statement, or act inconsistent with a claim afterward asserted, (2) action by another in reasonable reliance upon that act, statement or admission, and (3) injury which would result to the relying party if the first p were allowed to contradict or repudiate the prior act, statement or admission. Colonial Imports, Inc. v. Carlton Northwest, Inc., 121 Wash.2d 726, 734, 853 P.2d 913 (1993). These elements must 83, 823 P.2d 499, 505-06 (1992) (<HOLDING>). The Court finds the Carew rule inapplicable.
holding that a bad faith claim is a tort holding insurer not liable for bad faith when it denied insureds claim based on a good faith dispute regarding the interpretation of a rule holding the carew rule to be inapplicable to claims of insurer bad faith holding that insured may recover attorneys fees from insurer where insurer acts in bad faith holding the bad faith rationale inapplicable given that the defendants acted in good faith in appealing the case and in raising defenses to the plaintiffs claims