On May 26, 2011 the Ninth Circuit affirmed dismissal of bad faith claims against Scottsdale Insurance Company. Ms. Filosa had sought to collect a $3 million judgment she obtained against Scottsdale’s insured plus treble damages under the Insurance Fair Conduct Act because Scottsdale refused to defend its insured Mr. Burns against Ms. Filosa’s claim that she had contracted “flesh eating bacteria” from Mr. Burns’s tattoo parlor after having her tongue pierced. The decision dismissing the claims is a rare victory for the insurance industry in insurer friendly Washington.