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FIRST STATE INS. CO. v. KEMPER NAT. INS.

No. 40079-7-I.

971 P.2d 953 (1999)

FIRST STATE INSURANCE COMPANY, a Delaware corporation, as subrogee of Great Western Lumber Company, Appellant, v. KEMPER NATIONAL INSURANCE COMPANY, d/b/a Lumberman's Mutual Casualty Company,[] Respondent.

Court of Appeals of Washington, Division 1.

February 16, 1999.

Attorney(s) appearing for the Case

Linda B. Clapham, Jeffrey D. Laveson, Lane Powell Spears Lubersky, Seattle, for Appellant.

Palmer Robinson, Carney Badley Smith & Spellman, Seattle, Bruce D. Celebreeze, Celebreeze & Wesley, San Francisco, CA, for Respondent.

AGID, A.C.J.

Lance Powell was electrocuted on property owned by Great Western Lumber Company (Great Western). Lumbermens Mutual Casualty Company (Lumbermens) was Great Western's primary insurer, and First State Insurance Company (First State) provided Great Western's excess liability coverage. After a jury awarded Powell's family $2 million, Lumbermens tendered its policy limits to First State for payment. Believing that...

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