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MISSION INS. CO. v. ALLENDALE MUTUAL INS. CO.

No. 47364-1.

95 Wn.2d 464 (1981)

626 P.2d 505

CERTIFICATION FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON IN MISSION INSURANCE COMPANY, Plaintiff, v. ALLENDALE MUTUAL INSURANCE COMPANY, Defendant.

The Supreme Court of Washington, En Banc.

April 2, 1981.

Attorney(s) appearing for the Case

Tewell, Thorpe & Findlay, by Duane Tewell and David A. Shaw, for plaintiff.

Houghton, Cluck, Coughlin & Riley, by David Skellenger (Robert M. Wattson, of counsel), for defendant.

DOLLIVER, J.

The United States District Court for the Western District of Washington pursuant to RCW 2.60.020 has certified the following question to this court:

When an insured party suffers a property loss which is fully covered by the policies of two separate insurers, which insured to different policy limits, how should the loss be apportioned between the two insurers under Washington law?

Three approaches have been taken by the courts in resolving...

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