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U.S. OIL v. LEE & EASTES TANK LINES

No. 45317-3-I.

16 P.3d 1278 (2001)

U.S. OIL & REFINING CO., a foreign corporation, Appellant/Cross Respondent, v. LEE & EASTES TANK LINES, INC., a foreign corporation, Respondent/Cross Appellant. Lee & Eastes Tank Lines, Inc., a foreign corporation, Third-Party Plaintiff, v. Pettit-Morry Company; RIS Insurance Services, Third-Party Defendants.

Court of Appeals of Washington, Division 1.

Reconsideration Denied March 28, 2001.

Attorney(s) appearing for the Case

Daniel F. Mullin, Kristen Dorrity, Abbott, Davis, Rothwell, Mullin & Earle, P.C., Seattle, for appellants.

John T. Dalton, Nathnaiel, Justin, Reed, Smith, Molly Elizabeth Farr, Lane, Powell, Spears, Lubersky, LLP, Seattle, for Lee & Estates Tank Lines.

Thomas Charles Stratton, Scott G. Busby, Ecklund, Rockey, Stratton, P.S., Seattle, for RIS Ins. Services.

Stephen Gift Skinner, Johnson, Christie, Andrews & Skinner, P.S., Seattle, for Petit-Morry Co.

ELLINGTON, J.

This case involves the enforceability of a loan receipt agreement. Lee & Eastes admits that it breached its agreement to procure insurance covering U.S. Oil. Because the loan receipt between U.S. Oil and its own insurer is valid and enforceable, and because U.S. Oil was damaged by Lee & Eastes' breach, we affirm the trial court's summary judgment as to liability, but remand for recalculation of damages...

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