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KIRK v. MT. AIRY INS. CO.

No. 65563-4.

951 P.2d 1124 (1998)

134 Wash.2d 558

Monica KIRK, a single woman, and Edith Sorensen, a widow, both as assignees of Nelson L. Christensen, Plaintiffs, v. MT. AIRY INSURANCE COMPANY, a foreign insurance corporation, Defendant.

Supreme Court of Washington, En Banc.

Decided February 26, 1998.

Attorney(s) appearing for the Case

Robert B. Gould, Law Offices of Robert B. Gould, Brian Waid, Seattle, for Plaintiffs.

Bryan Harnetiaux, Debra Stephens, Spokane, Amicus Curiae on behalf of Washington State Trial Lawyers Association.

Jerret Sale, Bullivant, Houser, Bailey, Pendergrass & Hoffman, Seattle, for Defendant.

William Hickman, Seattle, Amicus Curiae on behalf of State Farm Insurance Company, Et Al.

JOHNSON, Justice.

The United States District Court, pursuant to RCW 2.60, certified the following question to this court:

Does the holding in Safeco Ins. v. Butler, 118 Wn.2d 383, 823 P.2d 499 (1992), apply under a policy of professional liability insurance if the insurer fails to provide a defense to the insured in bad faith? If Butler...

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