KIMTA AS v. ROYAL INS. CO.

No. 44282-1-I.

9 P.3d 239 (2000)

KIMTA AS, a Norwegian corporation; Emerald Resources Management, Inc., a Washington corporation; Seacatcher Fisheries, Inc., a Washington corporation; New Pollock Limited Partnership, a partnership consisting of: All Alaska Seafoods — Pollock L.L.C. (General Partner), Ervik Holding AS (Limited Partner) and Gier Ole Saetremyr (Limited Partner); Ervik Seafood AS, a Norwegian corporation; Emerald Seafoods, Inc., a Washington corporation; Seahawk Pacific Seafood, Inc., a Washington corporation, Respondents, v. ROYAL INSURANCE COMPANY, a non-Washington corporation; John Deere Insurance Company, a non-Washington corporation (through International Specialty Inc.); Mr. Martin Reith an underwriter at Lloyd's, London, on behalf of himself and all those other Lloyd's underwriters subscribed to insurance policy number DCG9603420(A) (through HSCB Gibbs Ltd.); AXA Marine and Aviation Insurance (UK) Ltd., "T" A\C; Insurance Company of North America (UK) LTD., "G" A\C; La Reunion Francaise Societe Anonyme D'Assurances et de Reassurances; The Ocean Marine Insurance Co., Ltd.; Compagnie D'Assurances Maritimes Aeriennes, et Terrestres, Assurances Generales de France I.A.R.T.; Assicurazioni Generali S.P.A.; Phoenix Assurance Public Limited Company, Petitioners, Marine Resources Company International, a Washington Limited liability company, Respondent, v. Mr. Martin Reith an underwriter at Lloyd's, London, on behalf of himself and all those other Lloyd's underwriters subscribing to insurance policy number DCG9603420(A) (through HSCB Gibbs Limited), subscribing to Policy DCG9603420(A); and the following Underwriters subscribing to Policy DCG9603420(B) through HSCB Gibbs Limited: Axia Global Risks (UK) Ltd. "T" A\C; Insurance Company of North America (UK) Ltd. "G" A\C; Compagnie D'Assurances Maritimes Aeriennes, et Terrestres; Assurances Generales de France I.A.R.T.; Terra Nova Insurance Company Ltd.; Assicurazioni Generali S.P.A.; La Reunion Francaise Societe Anonyme D'Assurances et de Reassurances, Petitioners.

Court of Appeals of Washington, Division 1.

September 18, 2000.


Attorney(s) appearing for the Case

James W. Talbot, Seattle, for Royal Insurance Company and John Deere Insurance Company, Appellants.

Richard F. Allen, Christopher Weldon Nicoll, Seattle, for All Other Appellants.

Jacquelyn A. Beatty, Karr Tuttle Campbell, Seattle, for Kimta AS, Emrald Resources Management Inc., Sea Cather Fisheries Inc., New Pollock Limited Partnership, Ervik Seafood AS, Emerald Seafood AS, Seahawk Pacific Seafood Inc., Respondents.

Douglas M. Fryer, Moriarty Mikkelborg Broz Wells & Fryer, Seattle, for Marine Resources Company, Respondent.


BECKER, A.C.J.

This is a marine insurance coverage dispute involving seafood cargo that was confiscated by Russian authorities. The insurers denied coverage for the seized cargo based on an exclusion known as the Free of Capture and Seizure Clause. Under settled federal law in cases addressing the effect of this clause, the seizure was the efficient proximate cause of the loss as a matter of law, even though it might be found that a covered risk was a cause of the...

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