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SCHWINDT v. COMMONWEALTH INS. CO.

No. 67905-3.

997 P.2d 353 (2000)

140 Wash.2d 348

Joan SCHWINDT, as assignee of interest of Pan Pacific Builders, Ltd., a Washington Corporation, Petitioner, v. COMMONWEALTH INSURANCE COMPANY, Respondent.

Supreme Court of Washington, En Banc.

Decided April 20, 2000.

Attorney(s) appearing for the Case

Gordon, Murray, Tilden, Charles Gordon, James R. Murray, Jeffrey I. Tilden, Seattle, for Amicus Curiae on Behalf of Avista Utilities, the Boeing Company, Costco Companies, Puget Sound Energy, Weyerhaeuser Company and Risk & Insurance Management Society.

Cutler & Nylander, Thomas W. Hayton, Robert G. Nylander, Seattle, for Petitioner.

Hight, Green & Yalowitz, Scott D. Fletcher, William P. Hight, Seattle, for Respondent.

IRELAND, J.

A building contractor, through its assignee, claims that its breach of contract action against its insurance company did not accrue until the insurance company rejected its claim for coverage. We agree and reverse summary judgment.

FACTS

Pan Pacific Builders Ltd. (Pan Pacific) purchased a business risk insurance policy from Commonwealth Insurance Company (Commonwealth) to insure Pan Pacific during its construction of the Bellingham Surgery...

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