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HAYDEN v. MUTUAL OF ENUMCLAW INS. CO.

No. 68096-5.

1 P.3d 1167 (2000)

141 Wash.2d 55

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

Supreme Court of Washington, En Banc.

Decided June 15, 2000.

Attorney(s) appearing for the Case

Velikanje, Moore & Shore, John Jay Carroll, Yakima, for Petitioner.

Murray, Dunham & Murray, Jeffory Emerson Adams, Ronald Lewis Unger, Seattle, for Respondent.

Gordon & Polscer, Joseph D. Hampton, Keating Bucklin & McCormack, Stewart Andrew Estes, Seattle, David A. Kulisch, Spokane, for Amicus Curiae on behalf of Washington Defense Trial Lawyers.

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

Pamela A. Okano, Seattle, for Amicus Curiae on behalf of National Association of Independent Insurers and Allstate Insurance Company.

IRELAND, J.

Hayden Farms seeks review of the summary judgment dismissal of its suit against the Mutual of Enumclaw Insurance Company (MOE) for recovery of insurance benefits and breach of the duty to defend. We hold that the duty to defend was properly denied based on the policy's "loss of use" exclusion; thus, the Court of Appeals' decision is affirmed.

I.

Facts

Hayden Farms planted rootstock in the spring of 1988 intending to graft scion...

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