KITSAP COUNTY v. ALLSTATE INS. CO.

No. 65601-I.

964 P.2d 1173 (1998)

136 Wash.2d 567

Certification from the United States District Court for the Western District of Washington in KITSAP COUNTY, a political subdivision of the State of Washington, Plaintiff, v. ALLSTATE INSURANCE COMPANY, a foreign insurance company; Colonial Penn Insurance Company, a foreign insurance company; Columbia Casualty Company, a foreign insurance company; Covenant Mutual Insurance Company, a foreign insurance company; Fidelity and Guaranty Insurance Underwriters, Inc., a foreign insurance company; First State Insurance Company, a foreign insurance company; Harbor Insurance Company, a foreign insurance company; Home Indemnity Company, a foreign insurance company; Interstate Fire and Casualty Company, a foreign insurance company; Underwriters At Lloyds, a foreign insurance company; National Union Fire Insurance Company of Pittsburgh, Pennsylvania, a foreign insurance company; Protective National Insurance Company of Omaha, a foreign insurance company; Stonewall Insurance Company, a foreign insurance company; Transamerica Insurance Company, a foreign insurance company; Transcontinental Insurance Company, a foreign insurance company; United Pacific Insurance Company, a domestic insurance company; Century Indemnity Company, a foreign insurance company; and Fidelity and Guaranty Insurance Underwriters, Inc., Defendants.

Supreme Court of Washington, En Banc.

Decided October 1, 1998.


Attorney(s) appearing for the Case

Mary DeYoung, Thorsrud, Cane & Paulich, Patrick Paulich, Lawrence Gottlieb, Karr, Tuttle & Campbell, Jacquelyn Beatty, Steven Robinson, Seattle, Diane L. Polscer, Portland, OR, Timothy Tompkins, James Mitchell, Seattle, Rivkin, Radler, Hart & Kremer, Anthony Gambardella, Daniel Bartoldus, Jay Kenigsberg, Michael Buckley, Uniondale, NY, Laurie Kohli, Peery, Hiscock, & Pierson, James Horne, Michael Bond, Thomas James, Seattle, Robinson & Cole, Stephen Abarbanel, Boston, MA, Kent Fandel, Stephen Goodman, Jr., Arthur Lachman, Murray, Dunham & Murray, Michael Taylor, Seattle, Walter Andrews, Laura Foggan, John Yang, Washington, DC, David Walker, Chicago, IL, Carl Forsberg, Cozen & O'Connor, Thomas Jones, Curt Feig, Merrick, Hofsted & Lindsey, Tyna Ek, Sheryl Cottrell, Seattle, Thomas Going, Michael Gallagher, Philadelphia, PA, Christine Dinsdale, Leo Clarke, Seven Edmiston, Seattle, for defendants.

Robert J. Stephenson, Donald B. Scaramastra, Garvey Schubert & Barer, Ronald A. Franz, Law Offices of Ronald A. Franz, Seattle, for Plaintiffs.


ALEXANDER, Justice.

The United States District Court for the Western District of Washington has certified the following question to us: "Whether the claims against Kitsap County constitute `personal injury' under each of the subject liability insurance policies." Doc. 603 at App. A. For reasons that we set forth hereafter, we answer yes to the question insofar as it relates to policies that provide coverage for a personal...

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