HESS v. NORTH PACIFIC INS. CO.

No. 60026-1.

122 Wn.2d 180 (1993)

859 P.2d 586

TIMOTHY K. HESS, ET AL, Respondents, v. NORTH PACIFIC INSURANCE COMPANY, Petitioner.

The Supreme Court of Washington, En Banc.

September 2, 1993.


Attorney(s) appearing for the Case

Helsell, Fetterman, Martin, Todd & Hokanson, by William A. Helsell and Robert N. Gellatly, for petitioner.

Fred C. Pflanz, Beverly L. Anderson, Carl E. Hueber, and Winston & Cashatt, for respondents.

William R. Hickman and Sandra K. Pailca on behalf of United Services Automobile Association, amicus curiae for petitioner.

Sidney R. Snyder, Jr., and Ronald S. Dinning on behalf of PEMCO, Safeco, and Unigard Insurance Companies, amici curiae for petitioner.

J. Tucker Miller on behalf of Safeco Insurance Company, amicus curiae for petitioner.

Mark S. Cole, Mark Edward Mills, and Thomas Lether on behalf of Farmers Insurance Group and American States Insurance Company, amici curiae for petitioner.


BRACHTENBACH, J.

This case concerns the amount payable under the replacement clause of a homeowners insurance policy when the destroyed building is not repaired or replaced and the insured has no intent to repair or replace. This is the first occasion for this court to interpret such a replacement clause.

The facts are stipulated. Defendant, North Pacific Insurance Company, insured a summer cabin of plaintiffs Timothy K. and Georgianne H. Hess. The cabin was...

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