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MENDOZA v. RIVERA-CHAVEZ

No. 66246-1.

999 P.2d 29 (2000)

140 Wash.2d 659

Jose MENDOZA and Elisa Mendoza, husband and wife, Respondents, v. Ramiro RIVERA-CHAVEZ and Jane Doe Chavez, husband and wife, Defendants, Leader National Insurance, Petitioner. Leader National Insurance, a foreign corporation, doing business in the State of Washington, Petitioner, v. Ramiro Rivera-Chavez, Respondent, Jose Mendoza and Elisa Mendoza, husband and wife; Salvador Ruiz; Alejendro M. Munos-Mancinas; Javier S. Beltron and the Heirs or Representatives of the Estate of Evelio Ochoa Ramirez, Respondents.

Supreme Court of Washington.

Decided May 18, 2000.

Attorney(s) appearing for the Case

Debra Stephens, Bryan Patrick Harnetiaux, Harbaugh & Bloom, Gary Neil Bloom, Spokane, Amicus Curiae on Behalf of Washington State Lawyers Association.

Weeks & Skala, James Daniel Maloney, Roland Louis Skala, Yamika, for Petitioner.

Roy & Boutillier, Theodore Archie Roy, Yakima, Roy & Boutillier, Kevin Michael Roy, Selah, D. Bruce Morgan, Newcastle, for Respondent.

SANDERS, J.

We are asked whether a clause in an automobile insurance policy which excludes coverage for use of the vehicle "in the commission of any felony" is ambiguous or void as against public policy. We hold, following Mutual of Enumclaw Ins. Co. v. Wiscomb, 97 Wn.2d 203, 643 P.2d 441 (1982), the clause is void as against public policy. Accordingly, we affirm the Court of Appeals and...

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