SENN v. NORTHWEST UNDERWRITERS

No. 31783-1-I.

74 Wn. App. 408 (1994)

875 P.2d 637

DEBORAH SENN, as Insurance Commissioner, Respondent, v. NORTHWEST UNDERWRITERS, INC., ET AL, Defendants, MARY ANN CIMOCH, ET AL, Appellant.

The Court of Appeals of Washington, Division One.

May 31, 1994.


Attorney(s) appearing for the Case

William B. Foster III, for appellants.

Victoria L. Vreeland and Gordon, Thomas, Honeywell, Malanca, Peterson & Daheim; Henry E. Lippek and Krutch, Lindell, Housh, Bingham & Keller, Inc., P.S., for respondent.


AGID, J.

Mary Ann Cimoch appeals an order of summary judgment holding her personally liable for defalcation of over $12 million from an insurance company of which she was an officer and a director. We hold that she breached her statutory fiduciary duty as a director of Consumers Indemnity Company, that her ignorance of another director's conversion of funds does not excuse her failure to act and that her inaction was a proximate cause of the company's losses. We therefore...

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