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HAYDEN v. MUTUAL OF ENUMCLAW INS. CO.

No. 17579-1-III.

977 P.2d 608 (1999)

95 Wash.App. 563

Dennis HAYDEN, Randy Hayden, and Cosmas St. Hilaire, d/b/a Hayden Farms, Appellants, v. MUTUAL OF ENUMCLAW INSURANCE CO., a Washington corporation, Respondent.

Court of Appeals of Washington, Division 3, Panel Eight.

Publication Ordered May 25, 1999.

Attorney(s) appearing for the Case

John J. Carroll, Velikanje, Moore & Shore, Yakima, for Appellants.

Jeffory E. Adams, Murray, Dunham & Murray, Seattle, for Respondent.

BROWN, J.

We review a claim of breach of duty to defend and indemnify brought by Hayden Farms on an assignment against Mutual of Enumclaw (MOE). The trial court granted summary judgment dismissing Hayden Farms' declaratory complaint. The trial court ruled MOE (1) had no coverage, (2) no duty to indemnify, and (3) no duty to defend. We agree that the policy excludes indemnification for deficient performance and poor workmanship...

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