HOFSVANG v. ESTATE OF BROOKE

No. 34363-7-I.

78 Wn. App. 315 (1995)

897 P.2d 370

HAROLD P. HOFSVANG, ET AL., Respondents, v. THE ESTATE OF ROBERT E. BROOKE, SYLVIA E. BROOKE, as Personal Representative, Appellant.

The Court of Appeals of Washington, Division One.

May 15, 1995.


Attorney(s) appearing for the Case

Stephania Camp Denton and Michael B. King, Lane, Powell, Spears, Lubersky, for appellant.

Andrew Gala and Vincent T. Lombardi, for respondents.

Washington Defense Trial Lawyers, Russell C. Love, amicus curiae.


AGID, J.

The Estate of Robert E. Brooke (Estate) appeals the trial court's ruling that RCW 5.60.030, the statute prohibiting testimony regarding transactions with decedents (the statute), does not apply when the estate is covered by liability insurance. We hold that Washington law does not provide for an "insurance exception" to the statute. Because we conclude that the Hofsvangs cannot make a prima facie case without the prohibited testimony, we reverse and remand...

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