NORTHWEST PROSTHETIC v. CENTENNIAL INS.

No. 44254-6-I.

997 P.2d 972 (2000)

100 Wash.App. 546

NORTHWEST PROSTHETIC & ORTHOTIC CLINIC, INC., a Washington corporation, Appellant, v. CENTENNIAL INSURANCE COMPANY, a foreign corporation, Respondent.

Court of Appeals of Washington, Division 1.

April 24, 2000.


Attorney(s) appearing for the Case

Timothy R. Gosselin, Burgess Fitzer Leighton & Phillips Ps, Tacoma, for Respondent.

Bryan Patrick Coluccio, Short & Cressman, Seattle, for Appellant.


BECKER, A.C.J.

An insured's breach of insurance policy provisions will not result in denial of coverage unless the breach caused actual prejudice. In this case, the insured settled a debatable defamation claim before the insurer had a meaningful opportunity to investigate it. We affirm a summary judgment order excusing the insurer from its obligation to provide coverage because the loss of the opportunity to investigate amounted to actual prejudice.

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