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MUTUAL OF ENUMCLAW INS. CO. v. USF INS. CO.

No. 80199-1.

191 P.3d 866 (2008)

MUTUAL OF ENUMCLAW INSURANCE COMPANY and Commercial Underwriters Insurance Company, Respondents, v. USF INSURANCE COMPANY, Petitioner.

Supreme Court of Washington, En Banc.

Decided September 4, 2008.

Attorney(s) appearing for the Case

James Morton Beecher, David R. Collins, Law Offices of Hackett, Beecher, & Hart, Seattle, WA, for Respondents.

John Earl Lenker, Shelley Movae Buckholtz, Mikkelberg Broz Wells & Fryer PLLC, Seattle, WA, for Petitioner.

OWENS, J.

¶ 1 Petitioner USF Insurance Company and respondents Mutual of Enumclaw Insurance Company (MOE) and Commercial Underwriters Insurance Company (CUIC) all insured Dally Homes, Inc., a homebuilder and developer, for a condominium development called Windsong Arbor. After the Windsong Arbor Homeowners' Association (Homeowners) sued Dally for construction defects, Dally settled with MOE and CUIC. Dally intentionally did not tender a claim to USF. MOE and...

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