Woo v. Fireman’s Fund Insurance Co.

Tina Alberts worked for oral-surgeon Robert Woo (plaintiff) as dental surgical assistant for about five years. Alberts cared for abandoned pot-bellied pigs. Woo repeatedly threatened to kill Alberts’s pig and showed Alberts pictures of a dead boar he had killed. Woo claimed his comments were part of the friendly working environment he encouraged. Alberts required replacement of two teeth, and Woo offered to replace the teeth with implants. The procedure involved inserting temporary partial bridges called flippers as spacers until permanent implants could be installed. Unbeknownst to Alberts, Woo had two sets of flippers made, including one that looked like boar tusks. Woo placed Alberts under general anesthesia, installed the boar tusks, and photographed her, including with her eyes pried open. Woo then removed the tusks and installed the normal flippers. Woo characterized his battery as a practical joke. As a birthday present, Woo’s staff later gave Alberts the boar-tusk flippers and pictures of her with the tusks in her mouth. Stunned, Alberts never returned to work. Alberts sued Woo for numerous intentional torts and nonpayment of overtime wages. Woo had professional-practice insurance through Fireman’s Fund Insurance Company (Fireman’s) (defendant), covering dental services and the operation of his practice. Fireman’s declined to defend Woo, on the grounds that the suit did not arise out of the provision of dental services. Woo hired an attorney and settled Alberts’s suit for $250,000. Woo sued Fireman’s for breach of duty to defend, bad faith, and a violation of the Consumer Protection Act (CPA). Following cross-motions for summary judgment, the trial court found Fireman’s breached its duty to defend under the policy. A jury found Fireman’s acted in bad faith and violated the CPA, awarding Woo $750,000 in damages, $250,000 in reimbursement, plus attorney’s fees. The appellate court vacated the decision, ordering dismissal. The supreme court granted review.