MUTUAL OF ENUMCLAW INS. CO. v. COX

No. 53003-3.

110 Wn.2d 643 (1988)

757 P.2d 499

MUTUAL OF ENUMCLAW INSURANCE COMPANY, Respondent, v. CLINTON C. COX, Appellant.

The Supreme Court of Washington, En Banc.

June 9, 1988.


Attorney(s) appearing for the Case

Delay, Curran, Thompson & Pontarolo, P.S., by Joseph P. Delay, for appellant.

Huppin, Ewing & Anderson, P.S., by Robert F. Ewing, for respondent.

William R. Hickman and Pamela A. Okano on behalf of Washington Defense Trial Lawyers Association, amici curiae for respondent.


GOODLOE, J.

The defendant, Dr. Clinton C. Cox, appeals a judgment n.o.v. in favor of the plaintiff, Mutual of Enumclaw Insurance Company (MOE). The trial judge ruled that Cox's fraud voided his insurance policy regardless of MOE's bad faith in processing the claim. We affirm.

Cox purchased from MOE a homeowner's insurance policy covering his Clear Lake, Washington, house. The policy provided coverage for $137,000 worth of unscheduled personal property in addition...

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