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UNDERWRITERS AT LLOYDS v. DENALI SEAFOODS, INC.

No. 90-35204.

927 F.2d 459 (1991)

UNDERWRITERS AT LLOYDS, and other London Underwriters Under Primary Policy No. A84/14660 and Excess Insurance Policies Issued to Denali Seafoods, Inc., on or about March 22, 1984, Plaintiffs-Appellees, v. DENALI SEAFOODS, INC., Defendant-Appellant, and Mary Scanlon, individually, and as the special administratrix of the Estate of John F. Scanlon, Jr., and as the natural guardian of Leif Eric Scanlon, a minor; Lance Scanlon; Patrick Scanlon; and Erica Scanlon, Defendants/Intervenors-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided February 28, 1991.

Attorney(s) appearing for the Case

Kurt M. LeDoux, LeDoux & LeDoux, Kodiak, Alaska, for defendants-intervenors-appellants.

David Danielson, Michelle Buhler, Danielson, Harrigan & Tollefson, Seattle, Wash., for plaintiffs-appellees.

Before WRIGHT, BRUNETTI and LEAVY, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

We consider how the law of waiver and estoppel applies in Washington when an insurance company breaches its duty to defend its insured.

BACKGROUND

A detailed statement of facts may be found in the district court opinion, Underwriters at Lloyds v. Denali Seafoods, Inc., 729 F.Supp. 721 (W.D.Wash.1989), amended, 1989 WL 163862, 1990 U.S.Dist. LEXIS 698. An abbreviated...

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